Malila v. Meacham

Plaintiff sued the defendant, a dentist, for malpractice, and recovered a judgment based upon the verdict of the jury. Upon motion of the defendant the court entered an order setting the' verdict aside and granting a new trial. Prom that order the plaintiff has appealed.

The principal issue of fact developed in the testimony was whether the defendant was negligent in extracting two of plaintiff’s teeth at a time when plaintiff was suffering from Vincent’s infection or trench mouth. It was plaintiff’s contention that the infection was acute and that the indicated treatment was to clear up the…