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RECEIVE
FREDERIC J. FAULKS
Lindabury, DEPUE & FAULKS
J. EDWARD ASHMEAD
JOSIAH STRYKER
JOHN W. BISHOP, JR.
PRUDENTIAL BUILDING
TELEPHONE
WALTER D. BARKER
MULBERRY 1755
JAMES E.M. TAMS
BURTIS S. HORNER
763 BROAD street, newark, N.J.
January 26, 1928
RE: FREYER VS. U.S. RADIUM CORP. #3486-LDF
RADIUM July
3
C. B. Lee, President,
U.S. Radium Corporation,
535 Pearl St.,
New York City.
Dear Mr. Lee,
Several days ago Mr. Berry came to my office and
told me that the Vice Chancellor had suggested to him that
the parties agree upon the facts of the case.
Mr.
Smith
also advised me that the Vice Chancellor had written a
letter to him making the same suggestion and that he had
replied to the Vice Chancellor stating that he would take
up the matter upon his return from North Carolina. I do
not believe that we can reach any agreement as to the facts
as that is the principal matter in difference between us.
Mr. Berry, following his custom of talking about
his case, told me that Dr. Sochocky claims that he knew
that the paint in question was dangerous: that he had a
bitter controversy with Mr. Roeder over this matter; that
Sochocky claimed that the Waterbury mixture should be used
which, as Mr. Berry explained to me, involved the use of
oil instead of water in mixing the paint and which, as
Sochocky claimed, would not involve as great danger because,
First, it had a very unpleasant taste which would pre-
January 26, 1928.
C.B.L. -2-
vent the girls from swallowing it or retaining it in their
mouths, and
Second, because of the oily mixture it would be much
more readily eliminated if swallowed.
Mr. Berry told me that through the influence of
Mr. Roeder and Mr. Cross Dr. Sochocky's recommendations
were overruled and the water mixture was used.
Mr. Berry expressed doubt as to whether Dr.
Sochocky would be willing to testify to these facts although
he indicated that he intended to call him as a witness. You
can readily see that testimony along this line would be
very dangerous because it would tend to establish that the
corporation knew or had reason to suspect the dangerous
character of this paint long before any cases of necrosis
developed.
I would suggest that you take up the matter with
Mr. Roeder and Mr. Cross and learn if there is any truth
at all in Dr. Sochocky's alleged statement.
Yours very truly,
JS/EAS
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"ocrText": "RECEIVE\nFREDERIC J. FAULKS\nLindabury, DEPUE & FAULKS\nJ. EDWARD ASHMEAD\nJOSIAH STRYKER\nJOHN W. BISHOP, JR.\nPRUDENTIAL BUILDING\nTELEPHONE\nWALTER D. BARKER\nMULBERRY 1755\nJAMES E.M. TAMS\nBURTIS S. HORNER\n763 BROAD street, newark, N.J.\nJanuary 26, 1928\nRE: FREYER VS. U.S. RADIUM CORP. #3486-LDF\nRADIUM July\n3\nC. B. Lee, President,\nU.S. Radium Corporation,\n535 Pearl St.,\nNew York City.\nDear Mr. Lee,\nSeveral days ago Mr. Berry came to my office and\ntold me that the Vice Chancellor had suggested to him that\nthe parties agree upon the facts of the case.\nMr.\nSmith\nalso advised me that the Vice Chancellor had written a\nletter to him making the same suggestion and that he had\nreplied to the Vice Chancellor stating that he would take\nup the matter upon his return from North Carolina. I do\nnot believe that we can reach any agreement as to the facts\nas that is the principal matter in difference between us.\nMr. Berry, following his custom of talking about\nhis case, told me that Dr. Sochocky claims that he knew\nthat the paint in question was dangerous: that he had a\nbitter controversy with Mr. Roeder over this matter; that\nSochocky claimed that the Waterbury mixture should be used\nwhich, as Mr. Berry explained to me, involved the use of\noil instead of water in mixing the paint and which, as\nSochocky claimed, would not involve as great danger because,\nFirst, it had a very unpleasant taste which would pre-\nJanuary 26, 1928.\nC.B.L. -2-\nvent the girls from swallowing it or retaining it in their\nmouths, and\nSecond, because of the oily mixture it would be much\nmore readily eliminated if swallowed.\nMr. Berry told me that through the influence of\nMr. Roeder and Mr. Cross Dr. Sochocky's recommendations\nwere overruled and the water mixture was used.\nMr. Berry expressed doubt as to whether Dr.\nSochocky would be willing to testify to these facts although\nhe indicated that he intended to call him as a witness. You\ncan readily see that testimony along this line would be\nvery dangerous because it would tend to establish that the\ncorporation knew or had reason to suspect the dangerous\ncharacter of this paint long before any cases of necrosis\ndeveloped.\nI would suggest that you take up the matter with\nMr. Roeder and Mr. Cross and learn if there is any truth\nat all in Dr. Sochocky's alleged statement.\nYours very truly,\nJS/EAS"
}