Devereaux v. Smith

LESTER, Chief Justice.

Appellant brought this suit against ap-pellee, a practicing dentist, to recover damages as the result of certain alleged acts of negligence on the part of appellee in pulling appellant’s tooth. After the introduction of all the evidence the trial court instructed the jury to return a verdict for appellee and rendered judgment in his favor.

The testimony of appellant reveals that one of his wisdom teeth was causing him to suffer severe pain and had been for several days prior thereto j that his left upper jaw was swollen and that he was in such pain that he could not eat…