Friend v. Kramer

Citations

• 236 Pa. 618
• 85 A. 12
• 1912 Pa. LEXIS 810

Syllabus

<p>Negligence — Dentist — Malpractice—Evidence—Nonsuit.</p> <p>In an action against a dentist to recover damages for physical injuries, where the plaintiff avers in her statement of claim that the defendant in extracting a root of a tooth had fractured her jaw, and that by the use of unclean instruments had introduced poisonous germs into her jaw, a nonsuit was properly entered where the plaintiff produces no evidence that her jaw had in fact been fractured, and it appears from the testimony of the expert witnesses called by herself that she was not in her normal state of health at the time the defendant treated her; that her vitality had been weakened from a recent attack of typhoid fever; that her jaw at the time was not healthy and sound; and that the infection of which she complained might have come from the air, from drinking water, from food taken into the mouth, or from some other decayed tooth in her mouth.</p>