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VERGELDT v. HARTZELL

No. 6535.

1 F.2d 633 (1924)

VERGELDT v. HARTZELL et al.

Circuit Court of Appeals, Eighth Circuit.

July 25, 1924.

Attorney(s) appearing for the Case

Victor E. Anderson, of Wheaton, Minn., and D. J. Leary, of Browns Valley, Minn. (Murphy & Anderson, of Wheaton, Minn., on the brief), for plaintiff in error.

Claude G. Krause, of Minneapolis, Minn. (J. O. P. Wheelwright, of Minneapolis, Minn., on the brief), for defendants in error.

Before KENYON, Circuit Judge, and AMIDON and SCOTT, District Judges.

SCOTT, District Judge.

An action for personal injuries received by plaintiff, a patient of the defendants, practicing dentists, while one of defendants was polishing an inlay. Defendant's drill slipped, penetrating the floor of patient's mouth, lacerating her tongue, prejecting itself downward and backward in the throat, producing a very serious injury. Plaintiff alleges five particular grounds of negligence: (1) Failure to prepare the mouth with a protective cotton...

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