Ask the Scholar

{
    "localId": "75729209",
    "label": "Letters Received to Chas. Stockdell Gray, Howard H. Barker [H.H. Barker], December 31, 1935",
    "core": "doc",
    "dtoType": "document",
    "citationUrl": "https://catalog.archives.gov/id/75729209"
}

{
    "id": "75729209",
    "sourceUrl": "https://catalog.archives.gov/id/75729209",
    "contentType": "document",
    "title": "Letters Received to Chas. Stockdell Gray, Howard H. Barker [H.H. Barker], December 31, 1935",
    "citationUrl": "https://catalog.archives.gov/id/75729209",
    "collections": [
        "Safety Light Collection",
        "Records Related to Radium Dial Painters"
    ],
    "iiifBase": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0003289_Page_1.jpg",
    "thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0003289_Page_1.jpg",
    "largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0003289_Page_1.jpg",
    "imageCount": 4,
    "hasImages": true,
    "source": "import",
    "hasTranscription": false
}

{
    "url": "https://catalog.archives.gov/id/75729209",
    "naId": 75729209,
    "levelOfDescription": "fileUnit",
    "recordType": "description",
    "ocrSource": "nara-archive"
}

{
    "seq": 2,
    "pageIndex": 0,
    "type": "photo",
    "url": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0003289_Page_2.jpg",
    "mediaId": "6b06a5fe8ff00ecd",
    "ocrText": "Chas. Stockdell Gray, Esq\nHoward H. Barker, Egg\n2\nunless the losing party can show that equity and good conscience\nrequires a different judgment.\nIt will therefore be seen that while costs can be\nallowed against a prevailing party there must be good reason for\ndoing so. Judge Forman on last Friday stated that he felteMr.\nEmmerglick should receive some compensation for the tremendous\namount of work which he put into the case. Mr. Emmerglick stated\nto the court that ne spent practically a year on the case in its\npreparation and trial and of course he spent six weeks in the\ntrial of the case. Judge Forman said that Mr. Emmerglick had\nrendered considerable aid to the court in arriving at a just and\nfeir result, which of course was in favor of the adium Company\nand that he was very strongly of the opinion that even though\nhe did not have the power to grant costs and counsel fees, (which\nmeans the same thing for counsel fees are taxed as part of the\ncosts) that he felt that the Radium Company should be magnanimous\nin the matter and likewise the insurance ompanies involved and\nthat they should pay something toward compensating Mr. Emmerglick\nfor his ireless work. He further stated that Mr. Immerglick had\nput the presentation of the case on a very high plane and had\nnot attempted to get away from the facts, the scientific know-\nledge that was available and the law applicable and that this\nfair presentation of the matter in a great measure helped to\nsolve the question involved in favor of the Radium Company.\nMr. Emmerglick was thereupon asked by the court what\nhe relt would be a fair a llowance and he stated to the court that\nhe had an out of pocket expense which included an unpa: id bill\nof the court stenographer for testimony, of appr oximately $1500.\nand that he felt that a fair allowance for his services would\nbe $7500. making up a total of $9000. Needless to say, I stated\nthat I was greatly shocked at the amount of Mr. limmerglick's fee.\nHis disbursements of 8 urse are undoubtedly accurate and correct.\nI further stated to the court that I felt Mr. Emmerglick was\nproceeding on the theory that he was the successful and prevail-\ning party rather than the losing party and that under no cir-\ncumstances would my elient countenance payment or any such sum.\nAfter a great deal of discussion the court finally suggested\n$2500. to Mr. Emmerglick plus $1500. for his disbursement s, making\na\ntotal payment of $4000. The court also felt that of that sum\nthe Radium Company should pay $2000. and each of the insur ance\ncompanies involved, namely, the Globe Indemnity and the New\nAmsterdam Casualty, 1000., with the understanding of all con-\ncerned that counsel would report back to their respective clients\nand advise the court as soon as practicable just what would be\npaid to Mr. Emmerglick, if anything."
}