Ley

Ley v. Bishopp

Good Law
1928 Cal. App. LEXIS 350·88 Cal. App. 313·263 P. 369
Court of Appeal of CaliforniaJanuary 13, 1928Docket No. 6170.California1,541 words

Opinion

Lead Opinion

Cashin, J.

An action to recover damages for injuries alleged to have been caused by the negligence of the defendant. A jury returned a verdict for the plaintiff in the sum of $750, and from the judgment entered thereon the defendant appeals.

It is contended as grounds for reversal that the verdict is unsupported and that the trial court erred in denying a motion for nonsuit, and by permitting certain tests to be made in the presence of the jury.

The defendant, a dental surgeon, was employed by the plaintiff to prepare for the use of the latter four removable bridges, and in the course of making certain casts or impressions for that purpose it was alleged that, due to the defendant’s negligence, plaintiff’s mouth was burned, causing him severe pain and a serious illness.

The evidence shows that the easts used were not prepared by the defendant or by a licensed dentist but by a person temporarily employed at the office of the defendant for that purpose. It was testified that the casts were composed of a mixture of plaster of Paris and potassium sulphate, to which water was added, and that the combination of these substances produces heat. The plaintiff described the effect when the mixture…

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