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1928, but was assured by them that they weze unfounded. This in
itself lends foroe to the argument of the defendent, that, in foir
ness and aquity, it could not be charged in 1917 end 1920, with the
anticipation of the dangers and hezords attendant upon its industrial
use of radium in the infinitesAmel quantities in which it wan in-
corporated in the luminous paint. In 1923 and 1926, nation-wide
publicity was eivon to the discovery of radium poisoning as the
cause of the nilment from which soveral of these dial pa inters
suffered. In the faoe of this and the diroot B tatement by t he de-
cedent that she suspected that she, too, was a vietim, her own doctor
and dentist in 1927 were unable to diagnose her trouble. Undor such
cirounstances can her employer be cherged with the responsibility
of anticipating such dangers in the light of the learning of the
years 1917 to 19807
Naturally there in no question as to where the sympa thies or
any human being would lie in e case of this sort. But n eourt la a
no power to ad just the law which has been ennoted to meet the needa
of a time when no such esso as this could be forescon.
This
is
en
extraordinery 08.80 even today. The atatute of limitetions was en-
aoted for the purpose of protecting the public from fraud. Its
enda were desirable and necessury and in the infinite variety of
casos that como beforo the eourts that is still true. The responsi
bility in this esse can only be laid to the tremendous progress made
in acience in the last four decades, for radium was unknown pre for to
1898. The devolopment of the law to meot such contingencies $ of
neceasity lag behind their discovery. Only forward looking, in-
tolligent legialation can protect futuro situations such as the one
hore presented.
The bill must be dismiased.
It is intended that the foregoing disquasion of Toota and law
shall be in satisfaction of the requirements of Equity Rule 70-1/2
concorning indings of fnot and conclusions of law.
- e - al
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- d2568e5b18373214
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Document data
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- 75729134
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- document
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Context sent to Scholar
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"ocrText": "1928, but was assured by them that they weze unfounded. This in\nitself lends foroe to the argument of the defendent, that, in foir\nness and aquity, it could not be charged in 1917 end 1920, with the\nanticipation of the dangers and hezords attendant upon its industrial\nuse of radium in the infinitesAmel quantities in which it wan in-\ncorporated in the luminous paint. In 1923 and 1926, nation-wide\npublicity was eivon to the discovery of radium poisoning as the\ncause of the nilment from which soveral of these dial pa inters\nsuffered. In the faoe of this and the diroot B tatement by t he de-\ncedent that she suspected that she, too, was a vietim, her own doctor\nand dentist in 1927 were unable to diagnose her trouble. Undor such\ncirounstances can her employer be cherged with the responsibility\nof anticipating such dangers in the light of the learning of the\nyears 1917 to 19807\nNaturally there in no question as to where the sympa thies or\nany human being would lie in e case of this sort. But n eourt la a\nno power to ad just the law which has been ennoted to meet the needa\nof a time when no such esso as this could be forescon.\nThis\nis\nen\nextraordinery 08.80 even today. The atatute of limitetions was en-\naoted for the purpose of protecting the public from fraud. Its\nenda were desirable and necessury and in the infinite variety of\ncasos that como beforo the eourts that is still true. The responsi\nbility in this esse can only be laid to the tremendous progress made\nin acience in the last four decades, for radium was unknown pre for to\n1898. The devolopment of the law to meot such contingencies $ of\nneceasity lag behind their discovery. Only forward looking, in-\ntolligent legialation can protect futuro situations such as the one\nhore presented.\nThe bill must be dismiased.\nIt is intended that the foregoing disquasion of Toota and law\nshall be in satisfaction of the requirements of Equity Rule 70-1/2\nconcorning indings of fnot and conclusions of law.\n- e - al"
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