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MALILA v. MEACHAM

187 Or. 330 (1949)

211 P.2d 747

MALILA v. MEACHAM

Supreme Court of Oregon.

Reversed November 15, 1949.

Attorney(s) appearing for the Case

T.H. Ryan argued the cause for appellant. On the brief were Ryan & Pelay, of Portland.

Frank S. Senn argued the cause for respondent. On the brief were Senn, Recken & Recken, of Portland.

Before LUSK, Chief Justice, and BRAND, ROSSMAN, HAY and PAGE, Justices.

LUSK, C.J.

Plaintiff sued the defendant, a dentist, for malpractice, and recovered a judgment based upon the verdict of the jury. Upon motion of the defendant the court entered an order setting the verdict aside and granting a new trial. From that order the plaintiff has appealed.

The principal issue of fact developed in the testimony was whether the defendant was negligent in extracting two of plaintiff's teeth at...

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