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Plaintiff argues that the administration of radium by pro- scription under the supervision of physicians WELS not to be com- pared with the exposure by ingestion, inhalation, etc., suffered by the workers. This is undoubtedly true, but plaintiff seoks to charge that defendant should have known of the great danger from the literature of that tine. A great deal of the literature, as heretofore stated, described the advantages and benefits to be derived from the administration of radium, the existence of which furnished an indubitably disarming influence as to the dangera attend- ant to its effect. It was true in 1917, as the plaintiff states, that radium had been known to have a fatal effect on humen beings; that medical and scientific non would profer to experiment on animals rather than persons to determine its effects under different conditions; that it was not used in treatment of certain diseases because of contra- indications; that the dial peinters vere ingesting radium and its emanations under conditions far difforent from its modical use; that the dial workers would have been partly protected by certain devices and changed working conditions; that some literaturo may have suggested the chance of hazard in the occupation and the re- quirement for constant or frequent medical surveillance; that there were less dangerous methods of dial painting in use in Europe which could have been e dopted, and that there vere no e xpériments con- ducted or being conducted in 1917, or prior thereto, to determine the effect of dial painting. what has been said as to the evidence before the court may not be accurate from an expert's viewpoint. It was not so intended. The object or the narrative was to present the situation in the best light for the plaintiff aince the court is of the opinion that rolier must be denied to the plaintiff on his own s tatenent of f acts. Indeed, it is doubtrul if an accurate picture of the knowledge existing in 1920 concerning radium could be Arawn even by experts. The learning of that time was so solored with con-

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Page
9
Source index
0
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Media ID
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Document data

ID
75729134
Core
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Type
document
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    "ocrText": "Plaintiff argues that the administration of radium by pro-\nscription under the supervision of physicians WELS not to be com-\npared with the exposure by ingestion, inhalation, etc., suffered\nby the workers. This is undoubtedly true, but plaintiff seoks to\ncharge that defendant should have known of the great danger from\nthe literature of that tine. A great deal of the literature, as\nheretofore stated, described the advantages and benefits to be\nderived from the administration of radium, the existence of which\nfurnished an indubitably disarming influence as to the dangera attend-\nant to its effect.\nIt was true in 1917, as the plaintiff states, that radium had\nbeen known to have a fatal effect on humen beings; that medical\nand scientific non would profer to experiment on animals rather than\npersons to determine its effects under different conditions; that\nit was not used in treatment of certain diseases because of contra-\nindications; that the dial peinters vere ingesting radium and its\nemanations under conditions far difforent from its modical use;\nthat the dial workers would have been partly protected by certain\ndevices and changed working conditions; that some literaturo may\nhave suggested the chance of hazard in the occupation and the re-\nquirement for constant or frequent medical surveillance; that there\nwere less dangerous methods of dial painting in use in Europe which\ncould have been e dopted, and that there vere no e xpériments con-\nducted or being conducted in 1917, or prior thereto, to determine the\neffect of dial painting.\nwhat has been said as to the evidence before the court may\nnot be accurate from an expert's viewpoint. It was not so intended.\nThe object or the narrative was to present the situation in the\nbest light for the plaintiff aince the court is of the opinion\nthat rolier must be denied to the plaintiff on his own s tatenent\nof f acts. Indeed, it is doubtrul if an accurate picture of the\nknowledge existing in 1920 concerning radium could be Arawn even\nby experts. The learning of that time was so solored with con-"
}