The Osceola times., 1882-04-08
MR.. KEILY'S $500 TOOTH.
A Jury Gives Him Damages Against His
Dentists.

Molars, bicuspds, incisors, CANNES,
dental instruments. experts in dentistry,
and tale Of woe from Mr.. Thomas J
Kelly, occupied the attention OF Judge
Hall and jury and crowd of auditors
in Part of the marine court yesterday.
Mr Kelly had sued Gardner q. Cotton
and Lewis NJ. Slocum, dentists, for 81 600
damages. His story was that, a year
ago he employed the defendants to ex.
tract a diseased and painful tooth. BY
their advice and direction he took
laughing gas. While he was under its
Influence the defendant, Slocum, extract
ell the first molar tooth on the right
de of the lower jaw, and extracted it
negligently and carelessly that the
Doth, or a fragment of it, slipped from
he furceps and went down the plain
tnTs windpipe, he being all the time un-
CONSCIOUS The fragment lodged in his
windpipe and became festered, so as TO
cause great pain and irritation, whereby
be became very sick and sore. After
many DAYS of sickness he elected the
tooth. He was confined 10 his bed for
many days, and suffered great pain and
anguish, and was put to great expense
for medicine.
The answer # the defendants was that
II the tooth, or fragment of IT, did pass
down the plaintiffs throat, it was be-
yond their control or power to prevent;
and that the use of said gas did in no
way assist or aid thereto; and that when
the greatest care and diligence are used,
teeth will slip from the forceps; and that
II plaintiff was injured and suffered pain
on account thereof il was by plaintiff =
own negligence in not notifying defend
ants within reasonable time after the
tooth was extracted, III order that they
could remove it.
Upon the trial. under examination by
his counsel, Edward =, Wilder, Mr.. Kelly
Testified that the top of the tooth, a
quarter Of an inch long, sharp, jagged
piece, broke of and went down his
throat, and the defendants did not dis
cover IT nor call his attention to it; tina,
he was hurried TO his home bleeding
profusely and that the next day he had
no appetite and had constant paroxysms
of coughing. DIR. Hogan treated him
three weeks for bronchitis. Then he
went TO DR.. Alfred Loomis, who conclud'
cd that his lungs were affected. Still he
got worse. lie lost about forty pounds
of flesh, and he feared he was about to
die. At last, one day in paroxysm OF
coughing he coughed up the niece Of
tooth, and began to get well rapidly.
Mr.. McPhee, who went with Mr..
Kelly TO the dentist, was of the opinion
tha, the forceps slipped when the tooth
was extracted. and that the defendants
hurried Mr.. Kelly out of the office. DIR.
Hogan testified TO the injuries received
by Mr. Kelly.
On the part of the defendants, DIR. G..
@. Colton's story was that such an acci-
dent was possible with the greatest care.
DR. SloCum could not remember the
particulars of this case. He was positive
that his forceps could not have slipped
He explained the difference between the
slipping of forceps of tooth and the
Slipping of a tooth out of the forceps
He said they had 200 different kind of
forceps, adapted TO all sorts of teeth.
Mr.. Wilder tried to get the defendants
to admit that ii would be feasible to put
piece Of rubber in the mouth to pre-.
vent Tooth passing down a patients
throa,. Both the defendants denied
thai such a thing could be done.
DIR. Flagg, for the defendants, testified
thai such an accident was likely TO oc-
cur with the sost expert dentist. He
was provided with a model Jaw with
which to illustrate to the jury how teeth
are pulled. DIR. A. J. Smith, DIR. 5. L..
Close DR.. Belden, and DIR. J.. B. Smith
testified for the defendants that such an
accident might occur even if a dentist
were careful.
Theodore T.. Tomlnson summed up
the case for the defendants, and Mr..
Wilder for the plaintiff. Judge Hall
warned the jury TO be guided, not by the
speeches of the lawyers, but by the facts.
The jury were out an hour and gave the
plaintif $500 damages.