Toy v. Mackintosh

This is an action to recover damages for the alleged negligence of the defendant in allowing a tooth to fall into the plaintiff’s throat during an operation performed on January 7, 1913, for the extraction of several teeth by the defendant which was performed while the plaintiff was under an anaesthetic. The plaintiff contended that the tooth which fell into his throat ultimately lodged in his lung. There was evidence* to show that *431the plaintiff was in good health before the teeth were extracted and that soon afterwards he had a cough accompanied by a severe pain in his side; that later he…