BERARDI v. MENICKS


340 Mass. 396 (1960)

164 N.E.2d 544

MARY BERARDI & another vs. SAMUEL MENICKS.

Supreme Judicial Court of Massachusetts, Middlesex.

February 12, 1960.


Attorney(s) appearing for the Case

James M. Harkless, for the plaintiffs.

Andrew B. Goodspeed, for the defendant.

Present: WILKINS, C.J., SPALDING, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


SPALDING, J.

The sole question for decision is whether, in this action of tort brought in one count by Mary Berardi for malpractice and in another count by her husband for consequential damages, the judge erred in ordering verdicts for the defendant. Mary Berardi will be referred to hereinafter as the plaintiff.

A summary of the relevant evidence shows the following: On January 15, 1955, the defendant, a dentist practising in Cambridge, made an examination...

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