Patterson v. Howe
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Banc. This is an action for damages resulting to Anna Patterson, one of the plaintiffs, from the alleged negligence of the defendant, W. Gr. Howe, a dentist, in extracting one of her teeth and in subsequently treating the wound caused by the operation. The plaintiffs are husband and wife.
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From Malheur: Dalton Biggs, Judge. In Banc. This is an action for damages resulting to Anna Patterson, one of the plaintiffs, from the alleged negligence of the defendant, W. Gr. Howe, a dentist, in extracting one of her teeth and in subsequently treating the wound caused by the operation. The plaintiffs are husband and wife. The complaint in substance alleges that Mrs. Patterson employed the defendant to extract her left bicuspid tooth which had not penetrated through the gum; that the defendant, after taking an X-ray radiograph, extracted the tooth and subsequently treated the case in a…
1Opinion of the CourtRand, J.
The objection raised to the sufficiency of the complaint, is that because it is alleged in the complaint that the plaintiff employed the defendant to do the dental work the action is on contract, and therefore, in order to state a cause of action on. contract, it is necessary to allege the terms of the contract and the consideration.
This is an action for malpractice, and the cause of action alleged in the complaint is tort. The defend-
*280ant was a dentist, and in the practice of his profession the law imposed upon him in common with physicians and surgeons in the practice of their profession,…
2Cases cited3 opinions
- Lehman v. KnottOregon Supreme Court · 1921
- Carpenter v. WalkerSupreme Court of Alabama · 1910
- De Hart v. HaunIndiana Supreme Court · 1890
3Cited by15 opinions
- Hotelling v. WaltherOregon Supreme Court · 1942
- O'HARRA v. PundtOregon Supreme Court · 1957
- Malila v. MeachamOregon Supreme Court · 1949
- Wells v. Oldsmobile Co.Oregon Supreme Court · 1934
- Hendricks v. SanfordOregon Supreme Court · 1959
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