Malone v. Bianchi

The plaintiff brings this action of tort against the defendant, a dentist, to recover for his alleged negligence in permitting a tooth to fall down her throat while he was extracting some of her teeth. The questions for decision are whether the judge erred in directing a verdict for the defendant and in discharging a stipulation entered into by the parties.

These facts could have been found: The plaintiff, aged thirty-six, on April 5, 1940,. consulted the defendant at a hospital in Somerville for the purpose of having her teeth examined. After an examination the defendant advised her that she…