Legal Opinion

Drakes v. Tulloch

Massachusetts Supreme Judicial Court

Decided February 25, 1915PublishedCited by 9 opinions

Tort for personal injuries alleged to have been caused by the plaintiff becoming infected with syphilis when being treated in the defendant’s dental offices.

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Tort for personal injuries alleged to have been caused by the plaintiff becoming infected with syphilis when being treated in the defendant’s dental offices. Writ dated April 14, 1913. The second count of the declaration, which was the only count submitted to the jury, was as follows: “And the plaintiff says that on or about the period from the middle of January to and including the seventh day of February, 1910, she employed defendant to attend her and to treat her teeth, defendant claiming to be a dentist, and claiming great skill in his profession; that defendant in consideration of the…

1Opinion of the CourtCrosby, J.

This is an action of tort to recover damages for the alleged negligence of the defendant. The plaintiff went to the defendant’s office in January and February, 1910, and there had some dental work done by the assistants of the defendant. The evidence tended to show that the plaintiff’s last visit to the defendant’s office was on the morning of February 7, 1910, on which date a gold crown was fitted for her by Dr. Webber, an employee of the defendant; that in fitting the crown an instrument was used which cut her gum so that it bled, and about three weeks afterward sores appeared in her mouth,…

2Cases cited1 opinion

  1. Bates v. Dr. King Co.Massachusetts Supreme Judicial Court · 1906

3Cited by9 opinions

  1. Malone v. BianchiMassachusetts Supreme Judicial Court · 1945
  2. Ernen v.CrofwellMassachusetts Supreme Judicial Court · 1930
  3. Morris v. WeeneMassachusetts Supreme Judicial Court · 1927
  4. Traverse v. WingMassachusetts Supreme Judicial Court · 1926
  5. Coddaire v. SibleyMassachusetts Supreme Judicial Court · 1930

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