MEYER v. ST. PAUL-MERCURY INDEMNITY CO.

No. 41148.

73 So.2d 781 (1953)

225 La. 618

MEYER v. ST. PAUL-MERCURY INDEMNITY CO. OF ST. PAUL, MINN. et al.

Supreme Court of Louisiana.

On Rehearing May 31, 1954.


Attorney(s) appearing for the Case

Rosen, Kammer, Hopkins, Burke & Lapeyre, New Orleans, for plaintiff, appellant and petitioner.

Lemle & Kelleher, Harry B. Kelleher, Carl J. Schumacher, Jr., Denechaud & Denechaud, John T. Charbonnet, Adams & Reese, Manuel I. Fisher, Herbert J. Garon, New Orleans, for defendants-appellees-respondents.


HAMITER, Justice.

During the morning of June 30, 1950, in the operating room of Hotel Dieu which is a hospital located in the City of New Orleans, Mrs. Eugenie Meyer Barnett was receiving a general anesthetic, preparatory to the extraction of all of her remaining teeth, when an upper front tooth became dislodged and found its way into one of her lungs.

The tooth was removed from the lung, and thereafter she instituted this suit to recover damages allegedly...

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