Roberts

A jury awarded respondent- damages in an action for alleged malpractice and judgment was entered accordingly, from which this appeal was taken. The amount of the award is not questioned, but as grounds for reversal appellants contend that the evidence is insufficient to establish liability on their part, and that the trial court erred in ruling upon the admissibility of certain evidence.

It appears that respondent, a man twenty-eight years of age, had been suffering for a day or two from an aching tooth, and on Tuesday, June 10, 1930, he called at appellants’ dental office in Oakland to have it taken care of. At that time the gum surrounding the tooth was swollen, much inflamed, and extremely, sore. After examining the tooth, and without taking any X-ray thereof to determine the cause of the inflammation and swelling, appellant Dr. Baer, who took charge of the case, injected novocaine with a hypodermic needle in the inflamed and swollen area of the gum, in two places on each side of the jawbone, and thereupon extracted the tooth. Eespondent was then given a mouth wash and told to sit down in the office for a whip to rest; and upon leaving he was given some pills which he was…