Asher v. Stromberg

This is an appeal from a judgment entered in favor of defendants after a verdict of not guilty was returned by a jury.

Plaintiff, Dr. Harry H. Asher, is a dentist practicing in Chicago, Illinois. Defendants are a group of doctors, specializing in hand surgery, affiliated with Passavant Hospital. Dr. Michael Mason, now deceased, was a member of the group.

Plaintiff, a practicing dentist for 33 years, had occasion to x-ray the dental structures of many patients. From 1931 to 1941, it was his custom to hold the x-ray plate in the patient’s mouth with his left index finger. In 1958, plaintiff…