Vale v. Noe
Wisconsin Supreme Court
Appeal from a judgment of the circuit .court for Dane county: E. Ray Stevens, Circuit Judge. Malpractice. The defendant is a.dentist, residing in the city of Madison.
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Appeal from a judgment of the circuit .court for Dane county: E. Ray Stevens, Circuit Judge. Malpractice. The defendant is a.dentist, residing in the city of Madison. He was preparing the last tooth on the lower left jaw of the plaintiff to receive a crown when the disk or stone, which is about one thirty-second of an inch in thickness and five-eighths of an inch in diameter, slipped from the tooth, cut a considerable gash in the bottom of the plaintiff’s mouth, cut her tongue, and occasioned the damages for which this action is brought. It was claimed by the plaintiff that the injuries…
1Opinion of the CourtRosenberry, J.
That the plaintiff sustained an extensive cut and severe injuries to her mouth and tongue, that such cut and injuries were caused by reason of the fact that the disk passed from the tooth to the bottom of the plaintiff’s mouth and came in contact with her tongue, cannot be denied. The burden of proof, however, is upon the plaintiff to establish by a fair preponderance of the evidence that such cut and injury was the result of the defendant’s negligence before any legal liability on his part can be predicated thereon. We give much weight to the determination of trial courts in matters of this…
2Cited by19 opinions
- Whetstine v. MoravecSupreme Court of Iowa · 1940
- Bollenbach v. BloomenthalIllinois Supreme Court · 1930
- Fehrman v. SmirlWisconsin Supreme Court · 1963
- McGowan v. WellsSupreme Court of Missouri · 1930
- Baxter v. SnowUtah Supreme Court · 1931
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