Document QJD0VgyXwRqwR0EN9RyDkZLZk
FILE NAME: Norfolk & Southern - WC Case - Ancel Wheeler (NS)
DATE: 1951 Oct 18 DOC#: NS101
DOCUMENT DESCRIPTION: Legal - Summons for Ancel Wheeler vs. Norfolk & Western
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>-W # * *.4' Er THE UHXTED STATES DISTRICT COURT
'3S,;- f o r Tas soi.^Hr.rji d i s t r i c t cr orio r;i!3TERH DIVISION
A77CEL WFEELKn,
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I to" ? >. i ! fer S g i
Plaintiff
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-Y3-
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IiOEEODC 8c WEST1KN RAID?AY
(
CO, n Corporation*
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Defendant
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Civil Action
piio io.^ n y O t
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CO!.!PLM!,T
Plaintiff avora:
1 Thin action firisec under and the ^irirdictidn of ^||ji
this Court ie bnnrd upon tho provisions of the Act cf Congress
of April 22, 1900* 35 Stat# 65, Chap. 349 and reisn&rcnta thsrotoi'l ecrauonly known aa the Federal Euployerc* Liability Act, 45 V3#C#J
Sees 51 ft Boq.f an hereinafter nore fully appears;-
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` 2* Tho defendant is a railroad corporation duly organ-
ired nnd osint^ng under r.nd by virtue of tho laws of the Stuto cf
Virginia, doJjjg business within tho Jurisdiction of this Court as
an interstate Mormon carrier by railroad. Paring all of tho tinea
herein nontlonod, defondcr.t otmod and opera.tod an engine ohop / 1
at Portououth, Ohio.
. r 3* On and prior to January 9* 1951 plaintiff was .^
employed by the defendant in defendant's engine chop at Portmouth,"
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Chio, and hie duties consisted chiefly of repairing defendants 3$
vt . intorotato onglnos by renoving and replacing asbestos on tho boilers',
and in grinding, nixing and repairing asbestos for that purpose#'
^.s'-Sitettri?r
4 Defendant caused end perssitted said work to bo carried
on in a nvjxll roon with inadequate openings and inpropar ventila-
tlon and in ouch a nannor as to cauno the air to bo ladon with
asbootos dust end failed to provide plaintiff with any nasi:, filtor
or other roans of proventing ouch dust fren being inhaled by - lii c plaintiff, \ ***
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$ By reason of dofendaat*fl nogligonoo In thna causing and permitting said work to bo dono in a jxaall rocn with inade quate openings and improper vontilation and in ouch a :=nnnor as to onuuo tho air to bo ludon vith asbestos dust and in failing to provide plaintiff with a mack, filter or othor neons to prevent the inhalation of such dust, plaintiff was cauaod to inhale largo nnl o x c o s d Ivo quantities of asbestos du3t and to suffer groat physical and r.ontal pain and ovontual total physical disability, and to suffer from aobostoaia and diathrugmatic strict ion oad ple'.iral offuaion.
6 Prior to tiioco injuries plaintiff was a strong, able-bodied nan, capable of earning and actually oaroing substan tial vagos. By those injuries he has been wade incapable of any gainful activity, has suffered groat physical and nent&l pain, has lost and will continue to lose earnings be would otherwise have acquired, and has incurrod and will incur expense far medicine, riedlc#*! attendanoe and hospitalisation
r,y jT \n 'O T 'i:, plaintiff demands judgment against vho defendant in the os#' of Ono Hundred Fifty Thousand Dollars (>'l0,03000)
Cohen it Baron o 71 r*?iirt*i C-t,
Pursuant to provisions of Hulo 38 of Civil Procedure, plaintiff hereby dcr^ands a trial by j'-iry.
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