McGehee

Action to recover damages on account of injuries sustained through negligence. Judgment for plaintiff; new trial denied, and defendant appeals from such judgment on the roll, and from an order denying a new trial.

The first contention of appellant is that the complaint— which alleges that “the defendant did then and there extract seven of said teeth and remove all of the same from her mouth excepting one of said teeth, which by said defendant’s carelessness, negligence and unskillfulness was permitted and allowed by him to drop and pass into plaintiff’s right lung, without any fault or negligence on her part”—was insufficient in that the negligence averred was not the proximate cause, for the reason that it is manifest that plaintiff, having control over her own muscles and breathing apparatus, the tooth by any negligence or omission of defendant could only have been allowed to escape into the mouth, and that it should reach the lung comprehended action on plaintiff’s part which would be the proximate cause of the injury; that if there was an unbroken sequence of events through which the injury was chargeable to defendant those continuous events should have been pleaded; that the…