Hopkins

Action to recover damages for injuries alleged to have resulted from negligence of the defendant in extracting a tooth of the plaintiff. The defendant appeals from the judgment.

On the ninth day of August, 1918, appellant was a dentist, who at that time and for a number of years prior thereto practiced exclusively the extraction of teeth. The work done on that day by the defendant for the plaintiff consisted in the removal of a small piece of tooth which had been left in the upper left jaw from a tooth that had been extracted, and in the extraction of the wisdom tooth in the lower left jaw. The alleged negligence relates to the operation of extracting the wisdom tooth. In the original complaint it was alleged that defendant negligently and carelessly failed to take or cause to be taken any X-ray photograph of the said tooth, or to request the plaintiff to have one taken, prior to the extraction of the tooth. The finding of the court was that no X-ray photograph of said tooth was taken by the defendant, or caused to be taken by him, prior to such extraction, but that the defendant did not negligently or carelessly fail to take, or cause to he taken, an X-ray photograph of said…