Mitchell v. Atkins

Rodney, J.,

delivering the opinion of the Court:

The fourth count is based entirely on the principle of res ipsa loquitur. It is unnecessary to state the count in extenso, but generally the plaintiff contends therein that her deceased husband retained and employed the defendant, a practicing dentist, to extract a tooth; that, in the course of the extraction, nitrous oxide gas was administered and the patient died; that the deceased had been in. good health prior to the extraction; that the plaintiff is unable to aver the specific cause or negligence on the part of the defendant but avers that…