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Toy v. Mackintosh

Supreme Judicial Court of Massachusetts

110 N.E. 1034 (1916)

Relevant factsFree

Toy (plaintiff) swallowed a tooth during a dental procedure by Mackintosh (defendant) and claimed the incident caused subsequent internal injuries, but presented no evidence beyond his own testimony that his symptoms improved after coughing up the tooth weeks later; Mackintosh and four medical experts testified he followed proper procedures and that Toy's injuries stemmed from unrelated medical conditions, yet the jury returned a verdict for Toy.

IssueFree

Whether the trier of fact determines what weight to give expert evidence.

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