TOY V. MACKINTOSH
110 N.E. 1034 (1916)
NATURE OF THE CASE: This was a personal injury action.
FACTS: P went to the dentist to have several teeth extracted. P contends one of the teeth
fell into his throat and lodged in his lung. P was in good health before the trip to the
dentist and soon after he had a severe cough and pain, with dizziness, numbness in his right
arm and leg, and partial speech loss. Nine weeks after the trip to the dentist, P coughed up
a tooth and the symptoms disappeared rapidly. P offered no dental or medical evidence to
show whether the symptoms he experienced were caused by the tooth. D called four medical
experts to the stand to show that P's symptoms were consistent with hemiplegia and that the
tooth, wherever it was located for the nine weeks, could not have caused P's medical
condition. D also offered expert testimony that the fact that a tooth fell into P's mouth
during the extractions was not carelessness on his part. D requested a number of jury
instructions relating to the carelessness and the subsequent symptoms suffered by P. The
trial court denied them. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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