Engstrom v. Wise Dental Co.
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. Department 1. The plaintiff is a girl, a native of Finland, who recently came to the United States, and at the times alleged in the complaint did not understand, read or speak the English language. The defendant is an Oregon corporation with its principal office in the City of Portland, and was there engaged in dental surgery and the practice of dentistry.
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From Multnomah: John P. Kavanaugh, Judge. Department 1. The plaintiff is a girl, a native of Finland, who recently came to the United States, and at the times alleged in the complaint did not understand, read or speak the English language. The defendant is an Oregon corporation with its principal office in the City of Portland, and was there engaged in dental surgery and the practice of dentistry. About April 4, 1918, the plaintiff employed the defendant to do certain dental work for her at the agreed price of $25, of which $5 was then paid, in consideration of which the defendant was to…
1Opinion of the CourtJohns, J.
1. The defendant contends that the trial court erred in refusing to permit the physicians testify as to the reputation of Dr. Fellows in the community as a dentist, and as to his professional skill. The complaint is based upon negligence in care and treatment of the plaintiff, not upon defendant’s lack of knowledge or experience in the profession. In 5 Thompson on Negligence, Section 6712, it is said:
“ Where the physician or surgeon is charged with negligence, and not with incompetency, the matter of his fitness is not an issue, and evidence to shdw competency and skill is clearly…
2Cases cited2 opinions
- Spain v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1915
- Merriam v. HamiltonOregon Supreme Court · 1913
3Cited by7 opinions
- Lippold v. KiddOregon Supreme Court · 1928
- Lehman v. KnottOregon Supreme Court · 1921
- Hamilton v. KelseyOregon Supreme Court · 1928
- Dolan v. O'RourkeNorth Dakota Supreme Court · 1928
- Green v. ShawSupreme Court of South Carolina · 1926
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