Bates v. Dr. King Co.
Massachusetts Supreme Judicial Court
Tort against a corporation, organized under the laws of the State of Maine, for the alleged negligence of one Mudge, a registered dentist, one of the employees of the defendant, in treating and cleansing the plaintiff’s teeth, so that she became infected with syphilis. Writ dated November 10, 1908. At the trial in the Superior Court Hardy, J. ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtHammond, J.
The evidence tended to show that the plaintiff was afflicted with syphilis; that it is a contagious disease; that, although the usual way in which it is communicated is by sexual intercourse, it can be communicated in other ways, as for example where a syphilitic sore on a hand or finger, or an instrument, or other object on which there is syphilitic virus, comes in contact with a sore or cut on a person’s body; that the dentist who operated upon the plaintiff used a metal brush,* and, in cleansing her teeth while using it, “ he made three cuts, one on the left side of her mouth, one on the…
2Cited by8 opinions
- Malone v. BianchiMassachusetts Supreme Judicial Court · 1945
- Vigneault v. Dr. Hewson Dental Co.Massachusetts Supreme Judicial Court · 1938
- Ernen v.CrofwellMassachusetts Supreme Judicial Court · 1930
- Morris v. WeeneMassachusetts Supreme Judicial Court · 1927
- Nevinger v. HaunMissouri Court of Appeals · 1917
3 more not listed; retrieve them via the Exa API.