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BOAL v. ELECTRIC STORAGE BATTERY CO.

No. 6440.

98 F.2d 815 (1938)

BOAL v. ELECTRIC STORAGE BATTERY CO.

Circuit Court of Appeals, Third Circuit.

August 25, 1938.

Attorney(s) appearing for the Case

Henry W. Balka, Milford J. Meyer and Robert M. Bernstein, all of Philadelphia, Pa., for appellant.

John Arthur Brown, Joseph J. Brown, and D. Alexander Wieland, all of Philadelphia, Pa., for appellee.

Before BUFFINGTON, DAVIS, and BIGGS, Circuit Judges.

DAVIS, Circuit Judge.

The plaintiff, Boal, after having worked for more than 10 years as a "pickler" in the defendant's storage battery plant in Philadelphia, Pennsylvania, developed a cancer on the under right side of his tongue. He brought this suit to recover damages for his injury on the ground that the cancer was caused by the inhalation of a sulphuric acid mist or spray in the pickling rooms in which he worked, and that the defendant was negligent: 1. in failing...

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