Lipman v. Lustig

In tMs action of contract and tort the plaintiff alleges in each of the two counts that the defendant dentist negligently dropped a dental instrument, known as a reamer, into her throat in the course of treatment; that she swallowed it; and that abdominal surgery was required to remove it. The case comes to us on the plaintiff’s exceptions to the allowance of the defendant’s motion for directed verdicts and to rulings as to evidence.

It is unnecessary to state the evidence as to each of the theories of negligence advanced by the plaintiff. It is sufficient for present purposes to summarize the…