Rowland Barnes, Administrator of the Estate of Evelyn Elizabeth Adams, Deceased v. Herman Tenin

IRVING R. KAUFMAN, Circuit Judge:

This wrongful death action arises from the alleged malpractice of appellant Dr. Herman Tenin, an oral surgeon, in an operation he performed on March 8, 1965. The events of that day are not the subject of much dispute. 1 21 Plaintiff’s decedent Mrs. Evelyn Adams visited Dr. Tenin’s office to undergo a full mouth extraction. Upon Mrs. Adams’s arrival at approximately 8:30 a. m., Mrs. Ann Barlow, one of Dr. Tenin’s assistants, a licensed practical nurse, took her blood pressure and administered a sedative.

The operation commenced at 9 a. m. with the administration…