Ask the Scholar
Page 25 of 30
I can add historical knowledge about this page.
Page image
OCR
on the contrary, the court is constreined to find that in 1920
and up to 1934, in which time the two year period of linitation
yould have elapsed, there was noithor knowledge of an occupational
hazard in the dial geinting industry nos, in the light of the knowl-
odge concorning radium, sonson for the defendant to beliavo or to hava
knom of the hazerd. The dofondant could not have been under a duty
to disclose a hezerd which, so fer as it or the worla know, ald not
exist.
In 1980, it 16 a faot that disl 16 inting was not kmown to be a
hazardous occupation. It was only shown to be sontime in 1924, or
thereafter. To deternino this case, the eourt must considor the
knowledge concerning existing at least prior to the end of
the normal period of limitations. All the learning of the sciontific
and medioal world after that time, including the fact, which is now
admitted by everyono, that the occupation was highly dengerous is not
relevant, you 868 to the issue.
Another yay of stating this case in its final anolysis is that
in 1920 the head of the defendent's research bureau had fulled to
carry Its resenroh to the contlusion which scientifio and medt. esl
experts later accepted, with some reluctance, etter a number of the
cases of radiun necroais had been carefully studied. Indeed it in
feir to say thet until Dr. Martinnt established the dause, itwas
only by the progess of elimination that auppicions pointed to radium
as the trouble makor.
It oan be and that this is a case wherein both the plaintirg
and defendent were ignorant of the existence of facts which may have
constituted e dause of action, the reason for it being the fault of
neither. Medioal and sciontifie knowledge hac folled to distover
the dengerous pr opensities of the occupation. The statute of limite-
tions and its exceptions vere not conceived for this extraordinary
situation.
No one has even attergitod to ontrovert the Pact that Dr. Blum,
Dr. Dr. Drinker and the defendant, itself, foud resson to
Page data
- Page
- 25
- Source index
- 0
- Type
- photo
- Media ID
- 0a433c9721ed6e00
- Size
- unknown
Document data
- ID
- 75729134
- Core
- doc
- Type
- document
DTO data
{
"id": "75729134",
"sourceUrl": "https://catalog.archives.gov/id/75729134",
"contentType": "document",
"title": "Deposition, December 17, 1935",
"citationUrl": "https://catalog.archives.gov/id/75729134",
"collections": [
"Safety Light Collection",
"Records Related to Radium Dial Painters"
],
"iiifBase": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0003274_Page_01.jpg",
"thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0003274_Page_01.jpg",
"largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0003274_Page_01.jpg",
"imageCount": 30,
"hasImages": true,
"source": "import",
"hasTranscription": false
}
Context sent to Scholar
Document identity
{
"localId": "75729134",
"label": "Deposition, December 17, 1935",
"core": "doc",
"dtoType": "document",
"citationUrl": "https://catalog.archives.gov/id/75729134"
}
Document source metadata
{
"id": "75729134",
"sourceUrl": "https://catalog.archives.gov/id/75729134",
"contentType": "document",
"title": "Deposition, December 17, 1935",
"citationUrl": "https://catalog.archives.gov/id/75729134",
"collections": [
"Safety Light Collection",
"Records Related to Radium Dial Painters"
],
"iiifBase": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0003274_Page_01.jpg",
"thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0003274_Page_01.jpg",
"largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0003274_Page_01.jpg",
"imageCount": 30,
"hasImages": true,
"source": "import",
"hasTranscription": false
}
Document source extras
{
"url": "https://catalog.archives.gov/id/75729134",
"naId": 75729134,
"levelOfDescription": "fileUnit",
"recordType": "description",
"ocrSource": "nara-archive"
}
Page context
{
"seq": 25,
"pageIndex": 0,
"type": "photo",
"url": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0003274_Page_25.jpg",
"mediaId": "0a433c9721ed6e00",
"ocrText": "on the contrary, the court is constreined to find that in 1920\nand up to 1934, in which time the two year period of linitation\nyould have elapsed, there was noithor knowledge of an occupational\nhazard in the dial geinting industry nos, in the light of the knowl-\nodge concorning radium, sonson for the defendant to beliavo or to hava\nknom of the hazerd. The dofondant could not have been under a duty\nto disclose a hezerd which, so fer as it or the worla know, ald not\nexist.\nIn 1980, it 16 a faot that disl 16 inting was not kmown to be a\nhazardous occupation. It was only shown to be sontime in 1924, or\nthereafter. To deternino this case, the eourt must considor the\nknowledge concerning existing at least prior to the end of\nthe normal period of limitations. All the learning of the sciontific\nand medioal world after that time, including the fact, which is now\nadmitted by everyono, that the occupation was highly dengerous is not\nrelevant, you 868 to the issue.\nAnother yay of stating this case in its final anolysis is that\nin 1920 the head of the defendent's research bureau had fulled to\ncarry Its resenroh to the contlusion which scientifio and medt. esl\nexperts later accepted, with some reluctance, etter a number of the\ncases of radiun necroais had been carefully studied. Indeed it in\nfeir to say thet until Dr. Martinnt established the dause, itwas\nonly by the progess of elimination that auppicions pointed to radium\nas the trouble makor.\nIt oan be and that this is a case wherein both the plaintirg\nand defendent were ignorant of the existence of facts which may have\nconstituted e dause of action, the reason for it being the fault of\nneither. Medioal and sciontifie knowledge hac folled to distover\nthe dengerous pr opensities of the occupation. The statute of limite-\ntions and its exceptions vere not conceived for this extraordinary\nsituation.\nNo one has even attergitod to ontrovert the Pact that Dr. Blum,\nDr. Dr. Drinker and the defendant, itself, foud resson to"
}