CASSANO v. HAGSTROM


5 N.Y.2d 643 (1959)

Felice Cassano, Appellant, v. Albin R. Hagstrom, Respondent.

Court of Appeals of the State of New York.

Decided April 17, 1959.


Attorney(s) appearing for the Case

Ralph Stout and Sidney Schulman for appellant.

James M. Gilleran and John J. O'Connor for respondent.

Judges DYE, FULD and VAN VOORHIS concur with Judge DESMOND; Judge BURKE dissents in an opinion in which Chief Judge CONWAY and Judge FROESSEL concur.


DESMOND, J.

The trial court correctly dismissed the complaint since there was no proof in the record that any negligent act of defendant caused the nerve injury. Plaintiff's whole theory of action was that defendant had negligently severed the two nerves in question by improperly allowing his drill to penetrate the lingual periosteum which lies between the extracted tooth and these two nerves. However, the only...

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