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PRITCHARD v. LIGGETT & MYERS TOBACCO COMPANY

No. 13267.

295 F.2d 292 (1961)

Otto E. PRITCHARD, Appellant, v. LIGGETT & MYERS TOBACCO COMPANY.

United States Court of Appeals Third Circuit.

Decided October 12, 1961.

Rehearing Denied November 7, 1961.

Attorney(s) appearing for the Case

James P. McArdle, Pittsburgh, Pa. (James E. McLaughlin, McArdle, Harrington & McLaughlin, Pittsburgh, Pa., Charles Alan Wright, Austin, Tex., on the brief), for appellant.

Bethuel M. Webster, New York City (Frederick P. Haas, Donald J. Cohn, Webster, Sheffield, Fleischmann, Hitchcock & Chrystie, New York City, Earl F. Reed, Kenneth G. Jackson, Thorp, Reed & Armstrong, Pittsburgh, Pa., on the brief), for appellee.

Before GOODRICH, STALEY and FORMAN, Circuit Judges.

STALEY, Circuit Judge.

Otto E. Pritchard, plaintiff, commenced this action, alleging that cancer of his right lung was caused by smoking Chesterfield cigarettes between 1921 and the time it was removed in 1953.1 Basing his case on negligence and breach of warranty, plaintiff sought compensatory and punitive damages.

To support the negligence claim, plaintiff alleged that Chesterfield cigarettes, manufactured by defendant Liggett...

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