Summary
holding that a dentist who had accidentally extracted a healthy tooth instead of the tooth that required care could be shown to be negligent without expert testimony
Summary of this case from Berk v. St. Vincent's Hospital & Medical CenterOpinion
Argued April 25, 1934
Decided May 22, 1934
Appeal from the Supreme Court, Appellate Division, First Department.
David L. Weissman for appellant.
Harold J. Hinman and Edward L. Johnson for respondent.
Judgments modified by granting a new trial, with costs to abide the event. Held, that the case presented an issue of fact which should have been submitted to the jury. No opinion.
Concur: POUND, Ch. J., O'BRIEN, HUBBS and CROUCH, JJ. Dissenting: CRANE and LEHMAN, JJ.