Reeves v. Wilson

Citations

• 105 Wash. 318
• 177 P. 825
• 1919 Wash. LEXIS 583

Syllabus

<p>Appeal (173)—Time for Taking — Motion fob New Trial. A motion for new trial suspends the effect of the judgment and time for taking an appeal cannot be curtailed by entry of a nunc pro tunc order denying the new trial.</p> <p>Physicians and Surgeons (10-1, 11)—Negligence—Evidence— Sufficiency. A recovery for negligence in doing dental work is sustained by evidence that the work was to be done to plaintiff’s satisfaction, there was some evidence of negligent work, and he refused to correct it upon complaints made.</p> <p>Same (12)—Negligence—Instructions. In an action for malpractice by a dentist, in which the patient later contracted blood poisoning not attributable to the teeth, an instruction is favorable to the defendant where it charges that, if the plaintiff was suffering from a diseased condition which the injury aggravated, he was entitled to recover all damages actually flowing from the injury, except such as must have followed in case the defendant’s negligence had not intervened.</p> <p>Same (130—Negligence—Measpre of Damages. In an action for malpractice by a dentist, the measure of damages is actual compensation for loss and suffering caused by the negligent performance of the work, and not recovery of the expense of replacing it.</p>