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A.R.-2
12/5/25.
I understand that you are chiefly concerned with
the effect which the pending litigation may have un on the
sale of the luminous paint manufactured by the company, and
that you fear that 3 settlement of the cases may be regarded
by the trade as an admission of the elaim that the application
of the paint to watch diels and other articles is attended
with great danger to the operator.
While it is true that a settlement of these cases
may be so construed by some of your customers, the question
which we should consider is whether the situation of the
company will be improved by a trial of the case.
There seems to be no aoubt but that the plaintiff
can offer considerable proof. which will tend to establish
the dangerous character of the luminous paint; and while
we will have strong evidence to the contrary, it is probable
that the plaintiff¹s testimony will receive greater publicity
in the press than the testimony offered on behalf of the
company.
If the decision of the ease would rest alone upon
the question whether the plaintiff's illness was occasioned
by the use of the paint, I would have little hope of success
because the sympathy of the jury will naturally be with the
plaintiff and under these jroumstances, the jury will be
inclined to believe the testimony which will be offered by
the plaintiff concerning the injurious effects of the paint.
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- 75720382
- Core
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- Type
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DTO data
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Context sent to Scholar
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"ocrText": "A.R.-2\n12/5/25.\nI understand that you are chiefly concerned with\nthe effect which the pending litigation may have un on the\nsale of the luminous paint manufactured by the company, and\nthat you fear that 3 settlement of the cases may be regarded\nby the trade as an admission of the elaim that the application\nof the paint to watch diels and other articles is attended\nwith great danger to the operator.\nWhile it is true that a settlement of these cases\nmay be so construed by some of your customers, the question\nwhich we should consider is whether the situation of the\ncompany will be improved by a trial of the case.\nThere seems to be no aoubt but that the plaintiff\ncan offer considerable proof. which will tend to establish\nthe dangerous character of the luminous paint; and while\nwe will have strong evidence to the contrary, it is probable\nthat the plaintiff¹s testimony will receive greater publicity\nin the press than the testimony offered on behalf of the\ncompany.\nIf the decision of the ease would rest alone upon\nthe question whether the plaintiff's illness was occasioned\nby the use of the paint, I would have little hope of success\nbecause the sympathy of the jury will naturally be with the\nplaintiff and under these jroumstances, the jury will be\ninclined to believe the testimony which will be offered by\nthe plaintiff concerning the injurious effects of the paint."
}