Hoskinson v. Smyser

Citations

• 95 Kan. 568
• 148 P. 640
• 1915 Kan. LEXIS 257

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Dentist — Negligence—Pulling Tooth — Injuries—Competent Witnesses. A physician and surgeon who had examined the plaintiff’s mouth with the aid of an X-ray machine was competent to testify as to the character of the work done by the defendants’ employee in attempting to extract a tooth, as was also a dentist of eight years’ practice who had also examined the mouth.</p> <p>2. Same — Proof. Proof of some of' the alleged acts of negligence was sufficient without proof of all.</p> <p>3. Same — Exclusion of Evidence. Exclusion of evidence of the amount demanded before beginning the action held immaterial.</p> <p>4. Same — Ordinary Care —• Instructions. An instruction that proof of a lack of ordinary care and.skill was required was not rendered erroneous by the omission in one sentence of the qualifying word “ordinary.”</p> <p>5. Same — Instruction—No Error. An instruction touching a pertinent fact proved' without objection on the trial, though not expressly alleged held proper.</p>