Tully v. Mandell

This is an action of tort to recover damages from a dentist for personal injuries, alleged to have been suffered by the plaintiff because of the breaking of a hypodermic needle used for the purpose of anesthesia preparatory to the extraction of a tooth. It was admitted that the needle broke when inserted in the plaintiff’s jaw by the defendant.

The plaintiff introduced testimony tending to prove that the defendant said immediately after the occurrence that he did not know how it could have happened, that it was all his fault and not to worry about it, that he would take care of everything. The…