Patterson v. Marcus

The trial court granted a motion for a nonsuit and entered judgment accordingly. The plaintiffs, husband and wife, have appealed. The plaintiff husband is joined because of the marital relationship.

The defendant is a regularly licensed and practicing physician and surgeon. On March 4, 1921, the plaintiff, Bose Patterson, was suffering from a swelling in her face. She consulted the defendant for medical examination and treatment. The defendant correctly diagnosed the cause of the swelling as an ulcerated wisdom tooth which, under ordinary conditions, could be removed and relief thereby…