Document bBM7zJNLKgoVwNe89BvkNb6e6

UNIVERSITY OF CINCINNATI ' COLLEGE O MEDICINE GENERAL HOSPITAL !. LABORATORY OF APPLIED PHYSIOLOGY,r , . , i , Vi June 111-, 1933 Mr. A. E. Mittnacht Ethyl Gasoline Corporation Chrysler Building New York City New York Dear Mr. Mittnachti In accordance with your request, I am returning to you herewith the letter of Mr. Dodge and the full report of the case in question. In accordance with our telephone conversation this morning, I have forwarded to Mr. Dodge all of the information which may he useful to him in informing himself as to our observations. Very truly yours, RAKjIS N8315 STAN D ARD L COM PAN Y (I N C O R P O R A T E D IN NEW j e r s e y ) 26 BROADWAY, NEW YORK C H E S T E R O .SW A IN GENERAL COUNSEL GUY WELLMAN ASSOCIATE G ENERA.. COUNSEL FRANK S .PE R R Y EDW IN S . HALL TH O M A S W .PALM ER E D W A R D F. J O H N S O N HENRY DODGE G E O R G E H .TOW ER F IT Z H U G H C .PA N N ILL CO U N SEw ' June 5, 1933 Re; v . ^HanrcTOl^Conpany of New Jersey and E. . Rowe. _____ Mr. A. E. M ittnacht, Ethyl Gasoline Corporation, 135 Eest 42nd Street, New York C ity. Dear Hr. Mittnacht: I am enclosing herewith a copy of the report of the investigation of the above case m de by Mr. Reid, of the United States Casualty Company. I should appreciate it if you would forward th is report today to Dr. Kehoe at Cincinnati, asking him to give it h is immediate consideration. It i s possible that we may need Dr. Kehoe as a witness at the t r i a l of the case, but I wish you would particularly ask him whether, after reading th is report, he fe e ls that i t would be useful for him to go to South Carolina at th is time or whether, in default of th is, he can offer any suggestions a s to further conduct of the investigation from the point of view of lead poisoning. To help him decide th is question I may sta te, f i r s t , that under the south Carolina law there can be no medical examination o f the p la in t if f before t r i a l without his consent, and while we have asked for th is consent, we are almost certain that it w ill not he granted,. Secondly, I fe e l certain that our lo c a l counsel would be of the opinion that i t would be a ta c tic a l error to allow Dr. Kehoe to talk per sonally with any o f the non-professional w itn esses. There would, Of course, be no objection to his, talking with the medical men who have already given their opinion. I am inclin ed to th is view m yself because I know of the resentment which is often caused in small towns lik e t h is when investigations are made by people who are from outside of the sta te . I am not endeavoring to put any obstacles in Dr. Kehoe's path, and if he b eliev es that his presence in South Carolina would he advisable, eith er to talk to our attorneys and in vestigators or with the professional w itnesses, we would he most happy to have him go. U u. The w riter w ill leave tomorrow night f or Columbia and should he there on Wednesday. I f Dr. Kehoe goes, it would be advisable for him to meet me a t the Jefferson Hotel or a t the o ffic e of Senet, Shand & McGowan. I f , on the contrary, he decides not to go but has any comment;s to make, I should be glad to have him telephone roe a t Benet, Shand & McGowan's o ffic e on Wednesday, the 7th. 8315.01 Enelosure HD;A3' S t m 0r SOOTH CAROLINA, COU1RT OF MARLBORO. c o t r t o f common f l e a s ' p la in tiff, TS. K. W. Rowo and Standard o i l Company, a Corporation, Defendants. 1 m s s m s. This a e tlo n was brought A pril 6, 1933 In th e Marlboro County Cowon p le a s Court a t B e n a e ttsv ille . A ttorney Fcwneend o f Columbia re p re se n ts 2 . W. Bows. A ttorneys Banat, Sband & McGowan o f Columbia re p re se n t th e standard O il and they have associated with them a t B en n ettav llle a lo cal fliB , Attorneys Bennett & C arroll. Attorneys Herbert & Dlal o f Columbia a re a c tin g In an advisory cap acity fo r th e u n ite d s ta te s C asualty Company although th e ir s a w s have been added to the pleadings a s a tto rn ey s f o r th e standard O il. A ttorney H erbert and A ttorney Hodowan conducted some in v e s tig a tio n by going to B e n a e ttsv ille soon a f t e r s u i t was brought. A ttorneys Banat, ahead & McGowan se le c te d A ttorney Townsend to rep resen t Bows, th e co-defendant. on o r about A p ril 3 Attorney Townsend f i l e d a t B ennettsv i l i e h i s answer f o r defendant Bows which among o th er things adm itted th a t he had employed the p l a i n t i f f , a ls o th a t th e gasoline pusp used to dispense Sseo was n o t equipped w ith a out o f f a t th e nozzle, The answer wes a g en eral denial as to the other m aterial alleg atio n s and a plea of contributory n egli gence; a s s e rtio n o f r l& , etc. a '! * Ob Standard o i l f i l e d a sp e c ia l answer In tb s Code P leas Court which ra is e d th e sane defenses as Howe b u t added as a sp e c ia l defense th a t p l a i n t i f f was s o t i t s employs because o f a c o n tra c t th a t e x iste d between rows and th e Cospany whereby Hews asre ly leased th e s ta tio n and p ro perty belonging to th s cos^any. Ttia date o f t h i s le a se was March 2, 1920. F u rth er a lle g e d p l a i n t i f f was Howe's employs. m addition to th is answer ths Standard o il also file d a p e titio n and bond f o r removal td th e Federal court f o r the e a ste rn d i s t r i c t South Carolina. la th ia p e titio n the sole ground fo r removal la separable controversy based on th e le a se e r c o n tra c t between th e Company and Rowe. I t i s a lle g e d i n th e p e titio n th a t th e re was a fraudulent jo in d e r o f Rowe ,, but no f a c ts a re a llsg o d in the p e titio n to support i t . The p e titio n therefore Bust stand or f a i l on the oentraet as ra isin g a separable con troversy. Ihe case i s on the calendar f o r t r i a l June S3 a t B e n ssttsv i l l e m o n p le a s . By reason o f the p e titio n f o r removal th e case w ill go to th e Federal Court a t C harleston where i t w ill remain f o r t r i a l in the F a ll unless th e p la in tif f f i l e s a action to remand, i f i t i s kept in the Federal Court i t w ill be trie d a t Florence. Ih s term o f Cornea p le a s Court a t B en n ettsville ocmsneing June 2d i s known a s th e susmsr term and o rd in a rily l a s t s only a few days. Shore a re some tw enty th re e oases on th e calendar and ours i s w ell down, judge D em is, who I s reputed to be very f a i r and who would have no h e s i tancy to reduce a v e rd ic t i f he thought i t was excessive w ill p re sid e , i f th ia case i s remanded from th e Federal c o u rt I t w ill be reached a t th e F a ll term a t BennettsviU e* which i s in October o r Koveaber, J u t a t th a t time judge R ice w ill p re sid e and h is re p u ta tio n i s none too good f o r defendants. A ttorneys Bennett & C a rro ll o f B o n a e itsv ills and A ttorneys Wilcox is Hardee a t Florence both warn a g a in s t Judge Rice. Their words a re - " I t would be disastaroua to try i t before Judge Rice". P l a i n t i f f 's atto rn ey s have s a id they would lik e to t r y the ease la June and i f both p a rtie s agreed i t probably could then be trie d i f , o f cours, tb s p e titio n f o r re a s v a l was dism issed. Bight a t tb s o u tset therefore an important question is presented. I f the removal could be made to s tio k in th e y e d e rd court th e ease would bo t r i e d a t Florence a t th e p a ll term b u t from the ru lin g s Federal judges Glenn and Cochrane hare made where s im ila r grounds f o r r e moval have been s e t up i t doss seem th ere i s l i t t l e lik elih o o d th a t th e Federal co urt w ill a e t favorably. A ttorneys Wilcox & gardes o f Florence, S . C. rep re se n tin g th e Texaco o i l pleaded a c o n tra c t between i t and one o f i t s s ta tio n leasees in th e case o f Kims v s . The Texas Company, a t . a l . and used th at with other facts as a basis fo r settin g up a separable controversy but th e Federal Court remanded to th e s ta te Ooman p le a s a t Florence and in the reraalading order the court said; "M anifestly th e re i s no frau d u len t jo in d er o f the re s id e n t dfendante, who according t o th e a lle g a tio n s were so ln tlm te ly connected with the ultim ate facta out of which th e controversy grows. The defendant, Texas cosgtany, in the v e rifie d p e titio n fo r removal supported by a ffid a v its has asserted th a t th e a lle g a tio n o f agency are without foundation in fa c t, n eith er does the p la in tiff f i l s any traverse of the allegations in the petition. So a s we se e th e p ro p o sitio n to be decided i t must be stated as follows) Shore a p la in tiff sues a non-resident corporation and jo in s a re s id e n t defendant adm ittedly con nected w ith the f a c te out o f which th e controversy grows, and the lia b i l i t y of th e non-resident corporation la based on agency alone, does the foot th a t the agenoy is disputed by a ferons bowing mica tao Joinder fraudulent, or ie a separable eontroveray p re s e n t, so aa to compel removal? PQS# 4, we th in k n o t. ?h9 fo o t th a t t h i s court nay taka thn view th a t tho case on th e present shoeing nay be a doubtful-ons against tho defendant, non-resident corporation, does n o t go to th e bad f a ith o f t i e jo inder, b at to the m erits of the caae on tr ia l. Judge clean of the Federal D istric t coart fo r the Eastern D ie tr ls t south C arolina has a splendid decision reported in S3 Federal (2nd) page 1010 in hieh he I n te llig e n tly dism isses th e hole su b je c t, i t would be adv isab le a ls o to read what th e Supreme Court of South C arolina, s a id in 836 . . - 18? 3 .5 . page 0 about t h i s Mud o f c o n tra s t. Decision attached hereto. Eros a careful reading of p l a i n t i f f 's complaint i t i s noted on page 6 he charges fo u r s p e c ific paragraphs o f negligence a g a in st Bows, while * on page 7 he charges 5 paragraphs a g a in st th e Standard. He does n o t charge Bows w ith th e same ground as he Charges th e Company in paragraph 6. In th is he charges th e Standard w ith s p e c ific a lly f a ilin g to provide him w ith a reasonably safe and proper appliance and caused the p l a i n t i f f to work about a d efectiv e appliance, 'th is i s not charged a g a in st b o w and a t th e seme tim e th is ground i s not se t up in our p e titio n . While i t nay seem p e c u lia r to discu ss th is phase o f th e ease ao e a rly in t h i s re p o rt i t n ev erth eless omasa f i r s t i n th e o rd e r o f importance because th e t r i a l judge before idle th is ease i s to be t r i e d a t Bernests v iU e i s o f g re a t im portance. *Biere to a close question of le g a l l i a b i l i t y and a strong judge i s necessary. I f th e case i s remanded n e st J&U and Judge Bloc tr ie s i t we a r c advised we w ill be a t a decided disadvantage. He w ill n et d is tu rb a la rg e v e rd ic t where Judge Dennis would. I t s a s t be kept in mind th a t in th is s ta te the t r i a l judge alone has th e rig h t to pass upon th e reasonableness of the ju r y 's v e rd ic t, th e Supreme co urt has nothing to do with th a t question. P l a i n t i f f 's a t t o r n e y s th e re fo re may be influenced in th e ir settlem ent demands by th e judge before whom they appear. Paga 8. \ I BS?ggTSSmt3 . The county sea o f Marlboro County i s a ass11 tosns o f about 8800. Tbs county i s a farming c g e h u b ty and i t s fan s lands a re conaidarod tb s moat productive in th e s t a t s . I t has o r did hairs bofo ra to e depression considerable w ealth, Tha re s id e n ts a re th e re fo re above th e average end th e re I s none o f th e ra d ic a l o r unemployed element who n d ^ it be classed a s d is tu rb a re , yusera drawn a ra o rd in a rily f a i r , I n te l lig e n t and the county nevo: did have a reputation fo r excessive v erd icts. Except f o r one la rg e v e rd ic t f o r $30,000.00 retu rn ed in December.1921 there is no other oauss fo r believing a f a ir verdict night not be returned in our oase. The town I s lo cated 49 s illa s northw est o f flo ra a c e and 85 s i l e s n o rth e a st o f Columbia. A ttorneys Tiaon and H ill e r rep resen tin g th e p la in tiff have been very successful and resourceful. Attorney fiso n i s th e county prosecutor and during h is p o l i t i c a l campaigns he has made many frie n d s . Ha i s o stro a e ly w ell known and w ell regarded. He i s looked upon as oapabls and a v erd ict g e tte r , our atto rn ey s Bennett & C arro ll were bora end ra ise d in th is oosrsinity and enjoy a fin e reputation. Attorney Bennett has been in the le g is la tu r e f o r th re e ta r a s and I s s t i l l th e re . He i s c h a irnan o f th e House .ways and Moans Committee. Both a re young nan. Mr. Bennett i s about 32 and has been p rac tic in g fo r the past four years, while Mr, C arroll, about 28, has been reo sn tly adm itted. Mr. Bennett i s w ell lik e d and regarded. There has boon considerable discussion o f th is case in B e n a e ttsv ille and the s u it has been given wide p u b lic ity . Bfcoa a l l accounts th e judgment obtained a g a in s t the R ational O il f o r # # ,0 0 0 .0 0 in Daces*o r 1931 was ju s tif ie d frees the standpoint o f in ju ria * end l i a b i l i t y . The o i l company was charged w ith s e llin g gaso lin e f o r kerosene re s u ltin g i n a n explosion. A ttorneys tris on & M ille r obtained i t . x t i s no c r ite r io n by which the outooas o f our case should ba judged. So give asm idea o f the o u t o f personal in ju ry cases t r ie d there 1989 we a re l i s t i n g below to e record from year to year as taken from th e re c o rd s o f th e c le rk o f to e Marlboro County n i r ^ r . p le a as ^ ?ag i IS33 V erdict $1(000.00 - Vatal Casa. Cannady v s . . 0. L. Attorneys - Tison & M iller liis v erd ict sas big disappointment to Tison & K ille r v i were expecting $10,OOO.QO. m s 1933 Hone. rm>' 1931 V erdict $ 200.00 - A pril 28. 1931. v erd ict I 501.20 - ;ruly 23, 1031. V erdict $1,150.00 - in ly 23, 1931. Armour & Co. - Defendants. Attorneys - Tison & K ille r. Verdict #60,000.00 - December 3 , 1931, Freeman v s . n a tio n a l o i l . Attorneys - Tison & K ille r. Verdict #3,000.00 V erdict # 700.00 Verdict # 350.00 Attorneys - December 4 , 1931, - December 4 , 1931. December 4 , 1931, - Tison & K ille r. Verdict I TM 1980 635.25 - A pril 19, 1930. Fatal tse, negro. v e rd ic t # 403.00 - A pril 19, 1930. February IS , 1930 - Fatal case. S ettled #623.00. v e rd ict I 175.00 V erdict ' # 200.00 - December 11, 1930. December 11, 1930. paga ? iKVgsTisvricBr pl a z k t o 1? ^ m t m L h is t o r y p l a i n t i f f as bora on a farm near B a n n e ttsv ille , s e p t. 20, 1911. Thera vara te a children la the family - fiv e boys aad fiv e g ir ls , p l a i n t i f f was seventh e ld e s t. B is s i s t e r s being B dith, Reba, s u la lie , Evelyn sad A lio s. Hia b ro th ers v ers Kenneth, wood, C a rlisle and Reginald. Els fa th e r sad mother are liv in g being 55 and 53 years o ld . All o f h is s is te rs are married excepting A lice. His s is te r Bdith, the o ld e s t c h ild , s e rrie d Hoy Hechas who non operates a s ta tio n f o r the Standard O il a t B e n n ettsv ille and has been so p lo y e d by the company fo r a good many y e a rs. His fa th e r prospered on th e farm and about 191? moved in to B en n ettsv ille and bought what was known a s the powers home a t 410 south E aln. S h is was and now la one o f the most b e a u tifu l homes in B en n e ttsv ille . Zt i s situ a te d w ell bach from the s tr e e t and has a wide surrounding lawn and y ard . Hie fam ily liv e d ela b o ra te ly h e re from 1913 to about 192?. As a c h ild p l a i n t i f f i s described by s e v e ra l a s having been s ic k ly . At any r a te th e school records show he la d m easles, ehiekoa pox, au$>e, s c a r le t fe v e r end Whooping sough. He s ta rte d t o school a t th e Kurcheaon school, S e n n a tts v ille , in sep t amber 1920. This made him 9 years o ld and ra th e r l a t e to get s ta r te d . na could fin d no h is to ry o f any serio u s illn e s s up to t h i s tim e, z t i s p o ssib le th e re was earns vary good reason f o r h is l a t e s t a r t , w hile re s id in g in B ennettsville p l a i n t i f f liv e d only a few blocks from school. He attended th e nercheson school from 1920 to December 1951 when he g a i t . The Murohesan school has e ig h t grades fo r g ra sa a r school and "our. grades beyond th a t f o r high school. yellowing i s a complete record o f b is school attendance] page 8. MgBCHBSOH SCHOOL BIOOBP. Bom Sept. 80 1911. Grato IB. l o s t - September 1980 to liny 1921* Absent 25 toys during school year o f 178 to y s . Tardy 8 tim es. T B - September 1921 to Kay 1922. Grade 23. Attended reg u larly . Absent 3 toys during school year o f 178 to y s. Grade 3A. Toss - September 1922 to nay 1923. Broa s e p t. 1922 to A p ril 1 , 1923 absent only 4 to y s. T ailed to re tu rn l a s t h a lf A p ril 1923 and month o f May 1923. n o ta tio n on record reads a s fo llo w t During the month o f nay and th s l a s t seek i n A pril he as out 8 w eks e ith ths fever and not present fo r examinations. Term - September 1923 to May 1924. Absent to r e n tire term returning only in nay 1924. Tern - September 1928 to May 1925. Unable l s a te records a t school. t o m - September 1925 to Tuns 1928. ISO days attendato 16 toys absenoe. t o m - 170 day. page 9, Tom - September 1926 to Kay 192?. Ago - 13 y e a rs, 11 months. Class 63 164 days attendance, 12 days absence, 16 times tardy. ma not promoted, regained In 6B. The average attsadaaoe f o r a l l stu d en ts was 176 days. Tarn - September 1927 to m ? 1928. 164 days p re se n t, 14 days absent, 21 days ta rd y . Total sohool year was 176 days. v Teacher - Lata S a lle y . lw re s id in g in Orangeburg, S. C. Teas - September 1928 to Tuna 1939. Age - 16. 12S days attendance, S I days absence, 44 days ta rd y . S ail school year was 176 days. There i s a photograph o f H. H. Hubbard fo r 1929 which from close examination shows souse ir r e g u la r ity about the eyas. This p ic tu re may be among th e reco rd s o f H r. Blanchard, photographer, o f Columbia. The school reco rd s show in 1929 th a t he was about 4 years older than any other student in the grade. Tex - September 1929 t e June 1930. 141 days attendance. Absences - 53. promoted to Hinth Grade. Term - September 1350 to June 1931. n in th Grade. A ttended 123& days. Absent i i 8| days. Tardy 84 days. 3idn*t retu rn to school a f te r in ju ry in y a ll o f 1931. pega 10. la th is school record the long absence fro a school fo r period from A p ril 1983 to us-7 1921, over ono y ear, irf.ll be noted. The school records contain a n o tatio n he tool: aiok In A p ril 1923 and did not re tu rn fo r th e te n t which coded m y 28, 1923. He did not re tu rn in the m i l o f 1923 but fin a lly did in m y 1924. Xa August 1922 he w ith two brothers wore taken to yloreaea, S . C. to th e yierenoe ja fin s a ry by Dr. nay o f B e n a e ttsv illo to hare t h e i r to n s ils ro sefed . whoa th ey reached the yierenae infirm ary p l a i n t i f f ma running a tg>sratuye o f 104 and 105 so bad Dr. m y found he could n o t s a fe ly perform the operation and ho returned to B an n ettsv ille. th e follow ing A p ril, 1923, p l a i n t i f f became exceedingly i l l due to nose in te rn a l in fe c tio n which caused a savera a tta c k o f rheumatism. This was n o t ju s t an ordinary case o f rheumatism, b u t so severe th a t ho m a in bed fo r months and n o t allowed it o f th e house. Hie knees, ankles, hands, and a r is ta ware so badly swollen he had to be fe d . Be i s described by w itnesses as very near dying. B is eyes were a ffe c te d and he had to be kept in a dark room, oosstiase during th e sassasr o r f a l l o f 1923 we were infonsad ha had h is to n s ils removed but we checked th e h o s p ita ls a t Florence, B snn etto v illa and c h a rlo tte and F ayette v i l l e b u t we oculd fin d no reco rd . 3Ma we thought ms im portant because the hospital chart probably could carry a h isto ry o f th is serious illn e ss. I t must be kept i n mind th e obvious importance o f th is because i r i t i s and exudative ohoroditis i s mere frequently caused by rheumatism than any o th e r ailm ent, I t i s common too in a l l ag es. P l a i n t i f f f i n a l l y returned to h e a lth in 1924 and then in 1925, 1928 and 1927 w hile h a re sid e d on th e b e a u tifu l powers e s ta te a t 410 south Main St. he 11to r ally -turned th e back yard and wide lawn in to a garage end auto junk y ard . He was in te re s te d in autos and during th is period he bought o r Collected wean o u t Fords, Chevrolet* and o th e r sak es. % would s t r i p them down in h is book yard and re b u ild them, viitnsesea desoribe th e prem ises during th e se years aa reaaa& ling a junk yard. He Is described as full o f C Pag 11. g reaee, o i l , to . from th e otic ho did on these ear and one w itness 3a ys ha used to observe him washing th e o i l and grease fro u h is hands with g asoline which was standing in cans in the bach yard. Hia fa th e r graduallylo s t m a t o f h is money about 1937 and th e Karlboro County court records shoved numerous fo re c lo su re s on h is fa th e r . They sored from here to 710 South Hein S t. about th e f a l l o f 1927 where they remained f o r about two y e a rs, re n tin g th is property, when th e y no longer could a ffo rd t h i s th ey sored to a farm o u t oa th e Charaw Road about 4 m iles from S e a n e tts r ille , where they now r e s id e , i t I s worth mentioning th a t w hile working around th e se o ld r e a t 410 south Lisin ws fin d he used to g et under the care a g re a t d eal shea the noto r was running and some o f the ears did n o t even hare on a s u f f l c r o r an exhaust p ip e . He was seen to te a r up and down the roads In theca o ld strip p e d down oars he would re b u ild . In 1927 by reason o f h is poor marks in school ha was n o t promoted. We understand th a t from and a f te r h is re tu rn to school in th e f a l l o f 1924 and during the years o f 1925, 1925 and 1927 he re p eated ly gave a s h is excuse f o r h is poor grades th a t h is eyes bothered h is . He was seen by two w itnesses to wear g la sse s a t d iffe re n t tim es (bring th a t p erio d . His school rseords shear poor marks in read in g , s p e llin g and geography. He a 19 yeers old when he fin is h e d th e grades, o r when he m s promoted to n in th grade, we spared h ie age to the ages o f o th e r ch ild re n i s h i a o la ss and he m s about 4 years older than the re s t. The Standard O il Gas S ta tio n run by Rom, co-defendant, am opened on B ala S tr e e t about August 1927. About th e f a l l o f 1927 p la in tif f a brother, C a rlisle Hubbard, took charge o f the sta tio n f o r a sh o rt time up u n t i l January 1928* During th e tim e M s bro th er m s th e re he used to corns teen to th e s ta tio n and help around. His brother was re lie v e d a s aeaagsr by H r. R u ssell (Hip) Bom l a January 1928 and during th e time R u sse ll Rom m s manager he worked a t th e s ta tio n a f te r school and on Saturday and Sunday, earning about 6 o r 8 d o lla rs p e r week. 3. w. Howe, th e co-defendant, took th is s ta tio n over from R ussell Rowe about Haroh 1929 and he continued to work ' rr r-: page 18. thar* h i brotho r, C a rlis le , under g . w. Rowe on through th a year 1989 and 1630. whether he worked th e re in 1931 i s questionable. During 1928 and 198? he s ta r te d to ru n around w ith aam p r e tty w ild boy. Clyde pond and several oth ers would go to Florenoe and M yrtle Beach w ith him on drinking p a r tie s , one,w itness t a i l s u s th a t about 1920 p l a i n t i f f and Clyde pond one n ig h t were d riv in g in one o f the strip p e d down e a rs p l a i n t i f f had r e b u ilt when th ey suddenly ra n in to th e d itc h and in to a c o rn fie ld . Both were drunk, we could not le a rn what in ju rie s s e re su ffe re d . About a y e a r ago we a lso understand he wea driving fro a th e A tlantic & p a c ific Store ia B ennettsville one Saturday night with his b ro th e r when th e lig h ts f a ile d and th e e a r was wrecked i a th e d itc h , we could le a rn nothing ranch about th e d e ta ils o f th is b u t the aaaager o f th e lo c a l A tla n tic & p a c if ic s to r e where p l a i n t i f f nos works -told u s o f th e occurrence. He thought i t was se rio u s. in th e f a l l o f 1929 a f t e r th is ao-oalled accid en t he su stained a t the standard S tatio n he went out fo r footb all a t th e lo c a l high school. He did n o t p la y w ell enough to sake th e f i r s t team but d id p la y , xn 1930 he retu rn ed to high school and from various BChooliaatea, a lso h is coach, we fin d he played fo o tb a ll a l l f a l l and turned o u t to be a s t a r ta c k le . He ia described a s one o f the s tu rd ie st and stro n g est players on th e team. During th e auaaer o f 1930 o r p o ssib ly 1931 he attem pted to Join th e navy and we understand he went to Sloreaoe fo r th a t purpose, one witness thought i t was 1929. Another thought 1931. i t i s p o s s ib le he d id n o t go a t a l l . He was m edically esamtned f o r th e fo o tb a ll t e r n in 1989, 1930 and 1931, A ll th e h is to ry we were a b le to o b ta in in d ic a te * he was more h ea lth y i a 1931 than 1929. H is weight increased and everyone says h is h e a lth improved r a th e r than d e te r io r a te d ., I f he had le a d poisoning th e h is to ry would have been contrary. O arteinly so one with lead poisoning could play the iscst gruel lin g physical te st of football. We sc a ld find no record of any raadionl treatment rendered the 0011354 p l a i n t i f f f a r h i a 7 u n til th e sumaer o f 1931. Mr. San p ie rso n , a lo c a l o p to m etrist in B e n a e ttsv ilio , remembers th e p l a i n t i f f coming to hie s to re about E j years agoand he found hie erne to be inflamed. He i s n o t sure o f th e exact d a te because he says he destroyed h ie reco rd s. He could not diagnose th e tro u b le and reeosstanded he see a s p e c ia lis t, i t i s doubt fu l whether he i s te llin g th e tru th but nevertheless th is i s a p a rt o f the h is to ry . The next we fin d 19 th a t on August 26, 1331 he v is ite d Or. s . B. Lucas, a very oompstent and capable eye s p e c ia lis t a t Florence, s . c . There as no inflam aation in h is eyes a t th a t time and according to the doctor there m e nothing present as fa r as he could see without th e a id o f th e ophthalmoscope. He did examine h is 079a under the ophthalmoscope i n th e dark room and found a 20/70 in th e r ig h t eye and 20/20 o r normal v isio n in the l e f t . The boy to ld him he had had h is to n s ils removed and s ta te d some Esso gasoline had entered h is eyes th re e o r fo u r years b e fo re . S r. m ean se n t him to h is a ss o c ia te , S r. Mobley, who examined h is th r o a t, sinuses and blood. The boy retu rn ed to h i s o ffic e on August 29, 1931 and he to ld him S r. Mobley's findings wore n eg ativ e. He diagnosed h is eye tro u b le a t th a t time a s exudative e b o ro d itis . He sa id th e re was nothing h e could do to improve th e condition in h is r ig h t eye and th e re fo re did n o t p rescrib e g la s s e s . He i s p o s itiv e only the one eye as affected and said the 20/70 vision in the rig h t aye could have existed fo r y ears. He as p o s itiv e there was no in fla n s a tio n th a t could be seen on August 26, 1931 He described th e condition a s a most common one and gave a s one o f i t s c h ie f causes rheumatism* to n s ils o r any systemic in fe c tio n . Turthezmore, exudative c h o ro d itis was r a r e ly the r e s u lt o f trauma. p l a i n t i f f returned to high school in the f a l l o f 1931, com mencing September* He played fo o tb a ll andas looked upon a s a very strong f hardy p la y e r. Hie p o s itio n was ta o k le . Ha sighed 170 pounds, in p ra c tic e one afternoon about October a , 1931 he su stain ed a broken nose. He as taken to Doctor Meanings in s e n n e tto v ille ho s e t h is nose and who says th ere as only .the normal aaount o f blooding sh ieh stopped o f to r i t was set* Ujo s o r t day i t eases be west to sea S r. May in B e n a e tts v llle . o r. May doss n o t re a sa b sr tr e a tin g him on th a t day. 'There apparently was no hemorrhage. The noso seamed to be a e t a l l r ig h t according to Dr. Jennings, on October 9 he suddenly developed a haaorrhaga which continued throughout tha day and h is aeth er brought h ia to Dr. stra a se a t B ennettaville. h o plugged up hie hose w ith papsr and cotton and f in a lly i t stopped, a hemorrhage ooourrod again th e next day cm October 10 and ha tr e a te d I t ag ain . Then again on October 11 and again on October IS he had another. 'The l a s t one on October IS could not be stepped and he was rushed by autoao bile frost B o n a e ttsv illa to H o rsn e s whara he was placed in the h o s p ita l known a s th a Florence in firm ary . Dr. s . b . Lucas, who had seen h ia tits previous August has h is o fflo e a t th e h o s p ita l and he was c a lle d in a s w all a s Dr. Hoary MOOlaud. They stopped i t te s p o ra rily b a t he b le d a l l th a t n ig h t o f October 13 and Dr. ia o a s and Dr. KCCloud were ap w ith him a l l n ig h t. The next nam ing about s ix A.K.. October 14, Dr. Lucas called Dr. Strauss a t B saaettsv ille over the telephone and to ld h ia i t looked l ik e the boy would d ie . They both f e l t they could not save him. Dr. Strauss called jtrs* ^ ^ J f a n d they both rushed to Florence, jn th e Beantiae the doctors a t Florence held a conference and a f te r lo catin g the a r te r y causing th e hemorrhage th e y decided to t r y and t i e up the a r te r y by c u ttin g in to M s neck. The operation was performed th a t day and i t i s described a s th e most d e lic a te and serious o f i t s kind ev er to be performed in th a t cosaunlty, The hemorrhage was coming from th e in te rn a l c a ro tid a rte r y on th e r ig h t s id e . This i s a la rg o a r te r y which ^ oes up to th e eye and branches o f f in to many smaller orto r ios which go through th e v itre o u s o f th e eye and up in to th e b rain . They tie d up th e a r te r y i n th a neek and were successful in stopping th e hemorrhage. I t `Quae became neeeesery to save h is l i f e to perform blood tra n sfu sio n s. Re had lo s t over a g allon o f blood. Three men, th e fo o tb a ll Pag IS, cocoa, c. S . padding; tit* fo o tb a ll cap tain , Lacy Jackson and A. 0. Green, another boy gave blood. Shis p u lled b in through, bout a week a f t e r he was ,, in th e h o s p ita l be a ls o developed convulsions in h is stomach and be would vomit lip c lo ts o f blood. He remained a t th e h o s p ita l from October 23 to ; SOTtaaber 4 . About October 26tb be developed soma tro u b le in b is r ig h t eye. I t eeaacd to be inflam ed. Dr. m oaa was again o a lle d in and ordered h o t compresses, atro p in and dio n in . Ho was kept i n a dark roc and i t f in a lly cleared up. n r. inoaa eouftnad th is trouble to the rig h t eye. i t s i l l be kept i n Kind to e in te r n a l c a ro tid a r te r y was on to e rig h t sid e a ls o . The p l a i n t i f f d id not re tu rn to school u n t i l December whan be stayed only a fe e days and toon q u it, on January 0, 1832 he retu rn ed to Dr. S . K. Lucas a t Florence to o examined b is eyes thoroughly again. He found h is l e f t eye o.K. w ith 20/20 normal v isio n , b a t t h i s time be found a 20/200 v isio n in to e r ig h t eye. He pronounced to e rig h t eye v isio n p r a c tic a lly t o t a l l y impaired f o r e l l p r a c tic a l purposes. He could not t e l l bather the o p tic nerve as atro p h ied . Dr. Lucas has not seen to e boy since th a t d ate. Shea be examined him in January 1932 th e re was no inflasm ation i n to e eyes. During the sp rin g o f 1832 th e p l a i n t i f f attended to e Bobert C a tc h e r Memorial school to io b i a a p riv a te ly endowed school about 8 o r 9 m iles from B ennetts- v i l l a i n tb s country. He did not r e ta in th e re a s f a r a s wo could le a rn a f te r toe spring o f 1832. During th e summer o f 1932 he re ta in e d a tto rn e y s o r b is parents d id fo r him. sometime during th a t summer A ttorney Eden, a ls o A ttorney M illa r, who a r e now rep resen tin g him, went ever to to e stand ard s ta tio n operated by ? 2. w. Bows, oo-defandsnt, and made d is c re e t in q u irie s about to e conditions in end about to e p la c e . At th a t tim e th ey talked w ith 2. n. Rowe and th e re i s some inform ation th e y s ta rte d preparing th is case than. m January 1833 p l a i n t i f f 's f a th e r was taken to the B ennettsviH e Hospital after collapsing on h is fan s, h o outerad th e hospital January - 18, 1833 and l e f t February 10. The h o s p ita l h is to ry c h a rt records toe f o llo w in g about him which i s o f in te r e s t because of i t s p a r a lle l w ith th e p l a i n t i f f on ' : rheumatic trouble) - . t- * : '-!'V . . : -i4\ page 16 Age 63. occupation Parts 2te*ed January 13, 1933. Discharged February 10, 1933. C o s^ lain ts: 1. G astric hsiorrhages. 2. Headaches. 3 . Rheumatism. p a tie n t collapsed suddenly t h is a . M. with advent o f very eopius hemorrhages.- Bad been passing blood by : bowola sin c e yuly 1832. p a tie n t has been su fferin g from severe rheumatism s in e s September 1924 and th is condition has grown p is gyossively worse u n til a t present he has badly anhylosed knee jo in ts and hands and fingers shoe severs deform ities. Bus had to n s ils and te e th removed. ./ant to Hot Springs in 1930 and got mors r e l i e f than from any o th e r treatm ent. Since he began lo sin g blood by hovels he says h is rheumatism i s b e tte r . iU ther o f 10 ch ild re n a l l in good h e a lth ." Shis i s a ll the h isto ry copied of importance. I t is stated he almost died and had to have blood transfusions* I t i s fu rth e r sta te d h is hands and jo in ts a r e s o a ffe c te d by th e rheumatism he i s unable to do saieh srark around th e far . At tiiO Kurahassa School we found a record o f severe I lln e s s to S . A. foveisond, the son o f K olalis Hubbard, the is an o ld e r s in te r to th e p l a i n t i f f . She H arried th e f a th e r o f S . A. pe s t .send. $ a sd ie n l card f o r th is C hild, >fio i s a f i r s t cousin o f p l a i n t i f f , ro ads on fe llo w s; Karoh 19, 1928. Age 7 Grade 13. Itesat (Bad) S?esth (Bad) n u tritio n (Bad) "Nothing can be (ton fo r th is c h ild . He i s a b le e d e r." page 17, According to Roy uechem, who n a rrie d p l a i n t i f f 's s la te ? and ho now operates one o f tb s s ta tio n s fo r th e Standard a t B en n ettav ilie, th e Hubbard fam ily i s a f f llo te d w ith Homopklebia, otherw ise known a s b le e d e rs. There i s a ls o soma lnftsm o tio n th a t one o f the o th e r Bis ta r s l o s t a c h ild a t b ir th by bleeding to death. This I s only mestice ed to round o u t the h is to ry and give a o lear p is tu ra to th e type o f p l a i n t i f f we a re dealing with. I t is quite possible he say have suffered fron excess H eedlng in hie early youth. (hie w itness gives some r a th e r vague inform ation which we a re cheeking up on now to th e o f f s e t th a t a f t e r the fo o tb a ll accid en t on c o t. 6. 1931, the p l a i n t i f f engaged in a f ig h t w ith sene drunken person about two o r th re e days l a t e r and i t was from th e blow he received in title fig h t r a th e r than th e fo o tb a ll in ju ry th a t sta rte d the in te rn a l c a ro tid a rte ry hemorrhage, sin c e th e su m e r o f 1932 th e b e s t tra c e o f tits p l a i n t i f f 's a c t i v i t i e s we can g et i s th a t on Saturday n ig h ts and a t various o ther tim es titan work was heavy he has worked as a c le rk a t the lo c a l s to re o f th s A tla n tic & p a c ific Tea oospany. Besides th is he helped h is fa th e r on tits farm, we searched th a re c o rd s o f a l l the h o s p ita ls and ays s p e c ia lis ts i n ylorance, Bensa t t s - v llle and F ayettev ille, besides one in C harlotte, m could find no record o f any treatm ent other than as already described. The boy i s now wearing dark g la sse s and has bean f o r th e p a s t few months. BBBBSa 1. B. H. ROWS, co-defendant - g o t interview ed, upon a r r iv a l in Bonnettavilie a f t e r f i r s t v i s itin g lo c a l a tto rn e y s Bennett & C a rro ll went to see S. w. Bows a f t e r A ttorney C a rro ll had made appointment. Upon m eeting him a t the o i l s ta tio n he sa id he had given h is statem ent and to ld a l l he knew. He e lrtle is s d . the la x ity , aa he termed i t , o f our a tto rn e y s and was r a t h general in h is c ritic is m o f everyone connected w ith tha defense, i t was o f course v i t a l l y naaeeaary to commence th e in v e s tig a tio n w ith paga 18, Mb , b u t t h i s f a i l u r e to g a t h is 00-opera tio a se rio u sly hindered everything. This s o r t o f a ttitu d e would not help th a standard O il i s ouch a s t a l l community here he Bight he talking with a prospective juror. For tea days x waited fo r b o bs one to ta lk to h ia and t a l l hi to ta lk to Be. F in a lly when he was to ld to ta l k to laa hs suddenly l e f t th e . c ity f o r a week and went to N orfolk, V irg in ia , consequently, he wae n o t seen through no f a u lt o f th a tm ite d S ta te s Casualty Company. He liv e d across the s t r e e t from th e Hubbard f s o ily f o r y ears oa Main s t r e e t and probably knew considerable about th e p l a i n t i f f 's i l l n e s s , also h is maahanioal work on au to s. There were m ay oth er in ^ o rta a t f a c ts to be developed through h ia. 2 . LlggCOC B. HOW. Besides B e n n e tts tllle , 22 years o ld , b ro th er o f 3. vt. Bom, co-defendant. He was bora and ra is e d w ith p la in tif f . (Statement attached). This w itness estab lish es the serious illn e s s p la in tif f had in 1923. S is fa st p la in tif f had tro u b le with h is eyes, ware glasses sh o rtly a f te r h is se rio u s slaknees i n 1923. Also e sta b lis h e s p l a i n t i f f bad grease and o i l a l l over him self fro a cars he worked on in the ro a r o f M s hone (hiring 1925, 1928 and 1927. He says he sow h i a wadi th e g rease o f f M s hands with g a so lin e , h s also remeshers p la in tif f giving h is eyes as Ms am use fo r M s f a ilu r e to g e t b e tte r narks i n aobool. He a ls o e s ta b lish e s th a t p l a i n t i f f was a stro n g , a b le bodied boy in 1930 and 1931 while he played fo o tb a ll, h o also thinks he trie d to jo in the navy. A ausaary o f M s testimony la la the statement attached, ib is witness w ill be extremely valuable but he Bust be carefu lly schooled before p u ttin g on the witness sta n d . H# can t e l l M s s to ry ssuoh more d e fin ite ly . He i s tr u th f u l. The only tro u b le being ha i s co-defendant's b ro th er. paga 19, 3 . POLLY JOHiSOK. (Colored woman about 38 years o ld ). splendid w itness, she worked f o r Hubbard fam ily when they liv e d in Bannetts t i l l e a t 410 south H als s tr e e t. S ia an a nurse and General houserorker in Hubbard hose during years 1920, 1931, 19S8, 1923, 1924 and 1923. she race 11s vary v iv id ly th e te r r ib le tin s p la in tif f had in 1923. she said aha had to fa r hi and he could not p ish h is food up in h ie hands because o f the sv o lian condition. She described h is hands as claim and ha oould n o t hold a piece o f bread in h is hands. He *o&3 slobber h is food a l l over the bed because h ie head would je r k , she s a id th e p l a i n t i f f was kept in a dark ro o a fo r a long time on account o f h is eyes and everyone thought he was going to d ie . she i s one fin e w itness. 4 . 030&H JOBBOH. {Colored, a bout 40 y ears o ld ). Statement attached. Witness ployed a s a faxsser sow b u t worked fo r th e Hubbard fam ily f o r 18 y e a rs. He re c a lle d th e p l a i n t i f f 's su ffe rin g in 1923 and corroborates modi t i n t p o lly Johnson to ld u s . 3 . COES BK3EB5H. (White, m i e , 33 years o ld ). Statement attached. Witness i s supposed to have been i n th e auto o f slim 13athews a t th s gas s ta tio n Augiat 25, 1929 hen the gasoline s p ille d o u t. He i s a bro th er-in -law o f one o f p l a i n t i f f 's a tto rn e y s. H is statem ent i s self-explanatory. His value w ill depend upon h is so b rie ty th e day o f th e t r i a l . He i s fre q u e n tly drunk. 6. mrn IHSHB covraoror. {sin g le lad y about 45 years old) W itness was county nurse in 1923. sha i s from one o f th e f in e s t fa m ilie s in B e a n e ttsv ille and i t was p a r t o f her d u tie s in 1928 and 1923 to v i s i t th s s ic k . She r e e a lls the serio us page 20, illn e s s p l a i n t i f f bad in 1923 and baa a record f r e e th a t date showing a v i s i t -to p l a i n t i f f 's home on A pril 21, 1323 whan be as in bed and h is a r is ta and jo in ts ere sw ollen. She r e c a l l s some tro u b le w ith h is apes a t th a t t i e s . She i l l furnish corroboration fo r p clly Johnson and tinweod goes. CLTE8 POHD. (S h ite , young man, 22 y e a rs). Statement attached, schoolmate o f p la in tif f , le^ortanee o f h is testimony is the fa c t p la in tif f had trouble in h is knees and le@ in 1924, 1926 and 1926. He describes h is le g s asalm ost u s e le s s in 1923 and 1924. His statem ent a ls o i s im portant to &ow p l a i n t i f f as stro n g e r and s to u te r in 1030 and 1931 than he ever as b efo re, which c e rta in ly would not support a h isto ry of lead poisoning. GB&S, POHD - B e a n e ttsv illa . (Male, h its , about 33 y ear ). While th is p a rty as n o t interview ed h is nama i s being in serted here as a possible witness against u s. ne is an older b ro th e r to Clyde pond and worked fo r th e standard o i l fo r fiv e y e a , f i t t i n g about two y e a rs ago. He worked under W. L. Hunter when he was manager fo r a l l th e s ta tio n s in Marlboro County. He Should be seen end h is statem ent secured beosuse he ie se a rin g dark g l a s s now and then, i t i s rumored he claims h is eyas a re affected and he intends to f i l e a s u it a s soon a s he le a rn s what to do w ith Hubbard's case, the s ta tu te o f lim ita tio n s i s s ix years in s. C. HR3. 0 . S . BBRHf - B esm ettsvilla. (Married, w hite, 36 yeans o ld ) . She was form erly p l a i n t i f f 's school teao h er in A p ril 1923. she as m arried th e follow ing month in May 1923 and r e c a lls p l a i n t i f f very w e ll. She raaombers whan ha took s ic k In A p ril 1933 and made in q u iry a s to th e cause of h is absence, she was to ld and pag e 21. aha understood ha was vary sic k 1th ease rh e a m tie fev er. Ha did n o t reS ara fo r th e balance o f the school y ear, which was f iv e o r s ix weeks. She did not re tu rn to school in th e P a ll o f 1923, consequently does n o t r e c a ll how long he was t. siak. ' ! 0 . JOHT? g . KELLT - Columbia. S . C. {S&ite, age 8S J. . Witness is no s ta te supervisor o f schools and occupies a vary resp o n sib le p o s itio n a s s ta te su p erv iso r. He was superintendent o f the Kurchesoa school in 1923, 1928, 192b, 1928, 192?, 1928 and 1929. He rstaasbers p l a i n t i f f q u ite r o l l . Ha rsa e sb a rs i t was necessary to discuss h i s c la s s work because o f h is poor Harks and a t th a t tin e p la in tif f gave as a reason f o r h is poor work h is eyes. He th in k s h is eye tro u b le ex isted a long tin s before 1929. He d e s ire s an opportunity to review th e school records to re fre s h h is re c o lle c tio n . He i s not anxious to be a witness because o f his positio n, but pro bably by proper approach he m y be induced. He would a id m aterially. 11. j&gEBg VX/U (White, s a le 3 0 ). C h a rlo tte s v ille , Va. He I s an a th le tio coach a t the school and remembers p l a i n t i f f very w ell in 1930 and 1931. He sa id he was ro b u st, healthy and stro n g . R ecalls the fo o tb all accident in October 1931. I t occurred in p ra c tic e th e n p l a i n t i f f and Gordon pavid, another p la y e r, c o llid e d . He was th e toughest, stro n g est p la y e r on th e team, never heard o f him having tro u b le w ith h is eyes. 3aoh p lay er was required to have a m edical o e r t i f lo a ts o f s>od h e a lth befo re being allowed to p lay . These c e r tif ic a te a r e s t i l l on f i l e a t Columbia w ith S ta te A th le tio Committee under H r. Lockwood, w itness re s id e s in C h a rlo tte s v ille , V irg in ia, number 921 Cherry Ava. still coach and in s tru c to r a t school la B snn attsville. w itness gave ora transfusion o f about two p la ts o f blood a t Plorenee In ftra a ry to save plain t i f f *8 Ilf . 12. "3131 m r m m a - B eim e ttsv ille . ( s h ite , ago 27). Witrasa has given too previous statem ents, oanoesjuently none tak as th is tim e. s ta te s in th e f a l l o f 1932 p l a i n t i f f asked Mb to easts down to A ttorney Eden's o ffie whoro they bad prepared a paper f o r Mb to sig n . Ha signed i t b a t a f t e r wards prepared a statem ent of Ma o a and gave i t to p la in tif f a s w all aa 2. 'if. pose, a tru e s to ry be says i s th a t he r e call# about three o r four years ago in sum s? driving up to Boss* s ta tic i n a e ar which belonged to someone e ls e . I t use a eoupei' xOoke Breeden was in to e e a r and did n o t get c a t because be was drank. He th in k s i t as on a Sunday a f te r noon about BsSO p .h . P l a i n t i f f was a t s ta tic end serv iced Mb * Ha reaanbars dis t i n c t l y o f stopping h is oar a t to e Esso puap end asking fo r 3 gallons. A ftsr g ettin g to e gas be leaned ag ain st th e pang and accid en tally opened th e oat o f f o r s lo t a t to p o f pus, which caused tha gas to ease through th e no zsle end in to Hubbard's fa c e . He i s about 9 f e e t t a l l and claim s i t was pu rely an a c c id e n t. He could n o t f i x tb s d ate any more d e f in ite ly . Hubbard went i n toe s ta tio n and washed h is face o f f and he drove o f f . H 1 n o t convincing, however, ae he t e l l s to e sto ry i t makes a p re tty weak ease a g a in s t u s and i t i s p o a slb ls p l a i n t i f f may n o t use him. Witness i s now a n a d v e rtisin g s o lic ito r , extrem ely lo u d and should not carry auto weight ith any Jury. 13. HffiBBSP msum B eanettsvlM o. fitness i s employed a s a stenographer in th e o ffio e o f our a tto rn e y s Bennett % C a rro ll, she has known p l a i n t i f f since pega S3. th e fam ily f i r s t so red to B en n ettav ille about 19X8. W itness graduated from high school i s 1930 b u t r e c a lls . seeing p l a i n t i f f i n the grades about 1923 o r 1927 wearing g la s s e s . R ecalls the time whan he was s ic k i s 1923 and 1923. Be was away from sohoo! tor about one y ear, she r e c a lls seeing Mm when he su ffe re d w ith rheumatism and he was un a b le to leave th e house. She remembered en auto accident in which Clyde pond and p l a i n t i f f wore drunk and went In the ditoh. . 14. CSARL23 Hm.w - B e n n e ttsv ills. (Age 22). w itness l a a b ro th e r o f Miss M ildred B u tle r and knew p l a i n t i f f w d l . During 1930 and 1931 he played fo o tb a ll and p l a i n t i f f was stro n g and h e a lth y , so apparent weakness, p l a i n t i f f did complain to him o f h is eyes and a ttrib u te d h is tro u b le to Esso g e ttin g i s h is eyes. Believes p l a i n t i f f went to Florence and t r ie d to jo in navy b u t cannot remember th e y ear. 15. B. 0 . BBBBXCSt - B e n a a tta v ills . w itness was form er p rin c ip a l o f high school end remembered BUbbard in 1930 and 1931 a s a stro n g , h ealth y boy. He said he saw a f in e physical specimen a s f a r a s he could see and heard no complaints from him during those y e a rs. Has re c e n tly n o tic e d hi w ith g la sse s and p l a i n t i f f to ld him h is eyes were affected by gasoline. 16. WILLIAM jax.gr BOOSTS - B a aaettsv iU e. W itness knew p l a i n t i f f i n th e years o f 1930 and 1931 and he was a f in e ph y sical specimen. 17. LACY IACKS0H - B o n a e ttsv ille . ( s h ite , age 2S). Statement attached. W itness played f o o tb a ll w ith him in 1929 and 1930. He was a stro n g , able-bodied boy who played an e x c e lle n t game. He had 8 b o tro u b le w ith h is eyes. F ir s t be knew o f any tro u b le was when he heard o f th e s u i t f i l e d a g a in st Standard o il. Shea p l a i n t i f f was in th e h o s p ita l in ootober 1951 he gave h is blood to save h is life . 13. BICHAKD HaUCH - plakena. south C arolina. Kish school in s tr u c to r and knee p l a i n t i f f during 1929, 1930 and 1931. Es as a stro n g , a b le bodiad boy. He knee o f h is fo o t b a ll accident in October 1931 and a fe e daya a f te r i t happened he attended a p a rty a t one o f th e hones o f cme o f the boys who he links was O dell isatthens. He thinks Hubbard sag th e re a ls o . He heard sob o f the hoys t a l k about a f ig h t Hubbard g o t in to and he thinks i t was s ta te d Hubbard was stru c k again causing the hemorrhage complained o f. This witness w ill have to be seen ag ain and a more c le a r account obtained. He says Mrs. dhalaa 3 . Chalmers, now r e d d in g in c a rla to n , Georgia, was h is home in s tr u c to r when he w%s in th e grades and he thinks she knew th e hoy v ery w e ll, she would go to h is home and in s tru c t him because o f h is absences, she i s also reputed to be a d o s e frie n d o f th e Hubbard fam ily and could e a s ily t e l l u s about h is ph y sical co n d itio n , she would sake a valuable w itness f o r us according to th is witness. 19. WTSfi T ja m s a ix s s - Orangeburg, s . C. W itness was h ie teach er in th e 6 th o r seventh grade and could remember nothing o f v alue. 20. BBS. WADB SHPiB - Flore ECO, 3. C. w itness was one o f M s grads* teachers and could not r e c a ll anything of value. 81. MISS m m k ROSS - Marion, 8. C. p l a i n t i f f 's school te a c h e r in th ir d grade, was not tunes Hay 23. How a t M yrtle Beach and d l l have to be seen l a t e r . Several have re fe rred to her as a possible witness. e pas* 25. 22. moa 331X13 - B S B aettsville. Sitnasa la formerly a sahoalsate. played ca fo o tb all teas. Tic* a tte n d in g u n iv e rs ity a t Columbia. gas noi l a a s e s s b u t bara basa t a l i Ita may h elp . 23. H*TE3griffl3 - B ao aettsv ille. yonaarly p ia g a i fo o tb a ll a l a p l a i n t i f f and knew him during M s (school e a rn e r. Be i s a tte n d in g u n iv e rai ty o f North (S ro lla a t Chapel E lll E. C. and M i l ba seen by our claim sjaaages, MCHUgh o f R aleigh. wa a r e in fo rsa d t h a t both th is witness and p la in tiff had eye trouble together in school. 24. BSD B1VTD - (Jharew K igtaay noar Beauett a r i l i * . vritnaaa attended school and knew p l a i n t i f f . Has n o t boon seen. I t was w ith th is boy th a t p l a i n t i f f c o llid e d in fo o t b a ll p r a c tic e . He should b a seen. He a sy know seas thing about p la in tif f receiv in g a blow in a fig h t subsequent to the football acdidsat. 25. HE? BlCgaP303 - Eow i n sav y . Address - 2roEs>etar w. h . Richardson, iforfolk Jjavy yard, Portsmouth, T irsin ia . S.S.D. witness attended school and played fo otball with p la in tif f . A lso, we a r e to ld p l a i n t i f f a t t e s t e d to Jo in navy a t sea tin , witness has not been seen and should ba. 26. s a t P33530H - B en nattsviU e. Witness conduct a jewelry sto re and i s an optom etrist b e sid e s, when iaterviented i n h is s to r e he tr ie d t o convey impression he did not want to be nixed up in th e caso but volunteered th e inform ation he re c a lle d th e p l a i n t i f f oondng i n to se e him about h ie eyes about two and o n e -h a lf o r tre e page 26 y ears. At i&ioh time p la in tif f assigned no cause fo r hla trouble but hie eyes ceased to be inflamed and a condition e x iste d which he had not seen b efo re, no reeoasaaded ho see a doctor, witness has destroyed M s records, 27. 7 , g , PAIBBOH - B sau ettav iU o . A garage operator who was interview ed to a s c e rta in I f p l a i n t i f f worfead f o r b i s . Be did not and knew nothing of value. 23. X. E. WUJARD - B s a n e tts v ille . w ilaass i s lo cal manager o f a . & ? . sto re in B snnettavilla and s ta te s p l a i n t i f f case to srk fo r him about one y e a r ago. His sorb was th a t o f a c le rk and he srroked e x tra on Saturdays. He n o ticed tha boy had d if f ic u lty in seeing fig u re s and le su ra he has a d e f in ite ays d is a b ility . Ha s ta te d about two years ago one Saturday night p la in tif f l e f t h is store with h is b ro th e r, i&o was then employed there and on th e ir way home in an auto th e lig h ts suddenly went out and they had a bad a ccid en t by wracking th e c a r l a tb s d itc h , pho ex tan t o f in ju r ie s was unknown. 29. XOHff B. TOPERS - B eam attsville. Witness was schoolmate o f p l a i n t i f f b u t ahead o f him. Be raesxnbsra h is rheum atic tro u b le in 1923 and saw h is f e e t sw ollen. Be reaaaborad th a t a s a fo o tb a ll play s? i n 1950 and 1931 he appeared stro n g and w a ll. 30. 7IR0T5XA fOWEa nos KR3, H, H. 8BOA3HOES? - laaveaw orth. Eansao. Witness was a home t o c h e r f o r p l a i n t i f f during h ie th ir d and fo u rth grades and ve a r e informed she replaced B ra. c . E. Bessy when she resigned in th e auaaer o f 1983. ws should interview h e r because d ie probably talk ed to p l a i n t i f f when paga 2?, ! retu rn ed to 3Chool l a j a y 1924 a f t e r h is long absence, she nay be very important. si. s a r a s p s o t o b no* mr s . r a s o s h r c e , re s id in g Greenwood, s. o. Shis w itness never taught p l a i n t i f f and knows nothing about him. f l reco rd i s sede only o f the Interview so th a t it w ill not bo duplicatad . 32. T i m FORD now tffiS. B. P. WKEKER3 - B e n n e ttsv ille . Formerly h is te a c h e r b u t could remember nothing o f value. 33. KR3, POWERS - Bennett s v ille . She took over boms a t 410 scoti n a ia s t r e e t a f t e r Hubbard fam ily moved c u t about 1927. She s a id th ey made a garage under the porch and had the yard f u ll of old cars and junk. She, however, could give no inform ation of d e fin ite value. MSBiGftL sEsrmoffir a s p am assEs 1 . BR. KAY - B eaaetteville. Stasdly doctor f o r y e a rs. S ta te s he saw boy i n August 1922 hen ha found h is to n s ils had and took him to Florence in firm ary to remove them, s is fev er was running 104 and h e decided not to operate, p la in tif f returned to Florence and he did n o t see him again u n t i l A pril 12, 1923 when ha as c a lle d to th e house and found th e boy su ffe rin g severely from rhoanatiius. He eas running a tem perature and one knee was badly sw ollen. He tre a te d him from A p ril 12 to s a y 23. B is boy e a s In bed end both knees ere sw ollen. He did n o t remove h is to n s ils and d id not know they v e rs ever taken o u t. He did n o t se e th e bey again u n t i l October 7 , 1931. h o caw him only one tim e on th a t dato . so knew nothing about any eye trouble due to gasoline, fh is witness should be again . t ?fiO S3. eeon but Attorney S ev ille Bennett a t B an aettstlllo form erly re ta in e d him to t e s t i f y f o r u s . She so to r should be a c re o a re fo lly interview ed. Ho was l a a harry to g e t away to Alabama to a tte n d h is eon' s canrtsneenant ex ercises a t cchool. a were isaoh a fra id th e p l a i n t i f f was re ly in g upon th is w itness but fo rtu n a te ly f o r u s he I s n o t a g a in st u s . Tba Isnwrtanee o f h is testimony cannot be u n d e re a tim te d . He Shows a running teB pesature and In fectio n fo r one year previous to A pril 1925 and then a course o f in fe c tio n in the spring and sarasar o f 1923. . Ha ap p arently was followed by o th er d octors, we bad under stood he performed a to n s ile e tc e y In th e suaaer o f 1923 b u t ap p arently o th e r doctors ware c a lle d in . ih s doctor d id not nir.imiae th e rhcasrrtio condition and upon fu rth e r in te r view can probably add considerable. Hr. Hay a ls o volunteered th e stateisaat th e sickness in 1923 was so severe he as l e f t w ith a weak h e a rt o r a h e a rt a a n sa r known a s a a y r is tio h e a rt. 2 . HR. L . B. KXRBPA'TOICK - Anderson, 3 . C. I b is doctor p ra c tic e d in B e m e tts v ille i n 1923 and hag ju s t bees seen today, Hay 23, in Anderson th e re he aoved f r e s B e n n e ttsv ille a few years ago. He saw p l a i n t i f f a t h is hone in 1923 follow ing Hr. May. His testimony l a o f v i t a l importance. He says th e boy's fa th e r i s badly crip p le d w ith hreuraatiara and has been fo r a long tim e. He says Shea th e boy was about 10 o r 12 years old, he had a vary severe oase o f a r th r itis or rheumtiara exhibiting the c h a ra c te ris tic s o f chorea, aaoog&snied by la c k o f c o n tro l o f h is nervous and muscular reactio n s, th is being spasmodic. page 89, th is he said as due to sobs chroalo in f action. Sis doc as unde? th e impression tha p la in tiff as probably operated f o r t o n s i l i t i s in 1923 la th e o ld h o s p ita l organised by Doctors Smith and Jennings a t B e n n s tts rille . t h i s h o s p ita l as about 1929 taken ott by a new h o s p ita l but the witness thinka the records of the old h ospital ere probably tra n s fe rre d to and preserved in th e new h o s p ita l, th e doctor re c a lle d v is itin g th e boy a t h i a home about ten yearn ago th is easrasr. th e boy as in bed in a darkened soon. He th in k s Dr. {jay, the fam ily physician, o r Dr. irt.ll Dvans, h is p a rtn e r, know a l l about th is medical h is to ry T&loh as bad. Dr. Jennings s a y remember about the operation for tonsils. 3 . DR. s . B. IOTAS - y iorense, 3 . 0. About 40 years of age. Sujoys fin e re p u ta tio n in Florence and considered by leading defendants' attorneys in Florence Wilcox & p e rd ss, a s f a i r , ecsmstent and honest. Does considerable cork f o r corporations Bush as A tla n tic Coast Line and insurance Cceqjanies. H is o ffic e i s in th e ylorenes m f ir s a r y . He can be c u ltiv a te d and contacted through A ttorney Fred Wilcox, ho has known him sin e s boyhood and who a c ts as h is personal a tto rn e y . A ttorney Wilcox re p re se n ts about every Insurance company in Florence and th e A tla n tic Coast L ine, a lso th e `Texaco company. I t as s ta te d to ms by A ttorney Wilcox th a t during the week o f m y 29 he was going to t r y a case f o r the A.o.L. in which the p la in tif f claims eye d is a b ility from head poisoning due to p a in t. Ohat D r. P icas I s to appear as an expert w itness fo r th e defense and th e defease i l l contend lead poisoning i l l n o t and did n o t produce the eye oondition olaimed, i t would be in te re s tin g and im portant to gat a copy o f Dr. Lucas* testim ony. page 30. Interview w ith Dr. bueae tools place la h ie o f flo e a t 12:30 p .h . nay 16. E . H. Hubbard, J r . was brought to n r. Lucas* o ffic e f i r s t on h u gest 26. 1531 au3 oomplaiaed o f some iuterfersB oe isith h is v isio n . Cr. Lucas secured a h isto ry o f h is troubles as follows j 1. Bad th e u su a l childhood d iseases. 2 . About th re e o r ftm r years before August 1931 he te d s p ille d soraa gasoline in h is eyes w hile working fo r th e standard o i l Company a t one o f i t s s ta tio n s in :; B an n ettsv ille. 3 . Bad rheumatism about fiv e o r six years previous and to cure th is he ted h is to n sils rasoved. 4 . outside o f tills hs gave no other sickness as a lik e ly m use. Dr. Lucas them re fe rre d him to Dr. Hoblay, h is associate* who te d him examined f o r h ie th ro a t, sinuses end blood. These were e l l negative and he examined h i s eyes under the ophthalmoscope. whan th e boy entered h is o ffic e th ere was no appearance o f in fla a r a tio a , sw elling o r burning. B is eyes seemed p e rfe c tly normal to a l l outward appearances. By te s tin g h is eyes he found tha l e f t eye normal with 20/20 s ig h t - r ig h t eye 20/70-2. He found a b lu rrin g o f th e v isio n i n th e r ig h t eye. Re diagnosed h ie condition as an exudate ehorodltis. Ee d id n o t p re sc rib e g la s s e s but did p re s c rib e idoxldo. He sta te d th e Condition o f h is rig h t eye could not been seas by casual observation, xn o th e r words the eyas appeared normal u n t i l under th e machine In a dork room and then he found the i r i s and the choroid affected in the rig h t eye only. page 31. ffi# boy re tu rn e d again on Augast 29 end be a a ra ly con firmed h is previous finding s and also to ld him b is blood wssseroaa was n e g a tiv e . He n e x t examined M s eyes about OOt. S5, 1931 whan be ssa la th e Florence infirm ary fo r tho football accident. At th a t time be found b is rig h t eye In fla te d soaairhat and he tre a te d i t w ith dionin and atro p in , when th e boy l e f t th e h o s p ita l on November 4 th e e d itio n had subsided. He sa id only th e r ig h t eye mis involved. Be n ex t saw him on yen. 3 , 1932 when tho boy c a lle d again a t M s o ffic e in ploronoe. He gave him a thorough examination end found th e v is io n in th e r ig h t eye bad d e te rio ra te d so th a t i t was then 20/200 and tb s l e f t eye m s 20/ 20. h o 1ms n o t seen b is alnoe. I t was th e doctor*b opinion th e condition o f the r ig h t ays was not eomssmicated and would not bo eom inioatod to th e o th e r eye. He thought the v is io n o f 20/70 in th e rig h t eye could have e x is te d f o r many years previous to August 1331. i t could have re s u lte d from s c a r le t fe v e r which th e hoy had. He oausaratod rhouaatisa, gout, gonorrhea, aeptio infections and many o th e r causes a s p o ssib le sources. He oould not say th a t th e gasoline which bad fa lle n in h is eyes could have caused th e tro u b le . He f e l t th a t th e gasoline in i t s e l f would s e t do i t alone but might lig h t up a condition th a t had axis ted b efo re, by reason o f i t s burning q u a litie s . He th in k s th e condition i n b i s r ig h t eye i s permanent and th e re i s no o p erativ e cure f o r I t . He did n o t th in k g lasses would help any. He says tho condition i s a ooiaaon one and cannot be dlsoovered except by d o se te s ts under a strong lig h t in a darkened room. He says i t i s known a s Exudative ohorC dltia and also adds i r i t i s involvement. r page S3. 4. DH. mXTSS - asaaettsvill#. w itness is a physician la g:od steading in tb s eoEuunity, about 40 years o f age, bo s ta te s b is f i r s t p ro fessio n al o e a ta e t w ith p l a i n t i f f as about October 9 th , 1931 shea th e to y and h i s mother cams to h is o f f lc s a f t e r h is broken b o s s su stain ed October Sth, 1931 had been s e t by Dr. Leanings. She p l a i n t i f f 's b o s s as bleeding. He sensed to be haring a hemorrhage. He stopped i t b a t i t s ta r te d again on October 10 and he t r ie d again to stop i t . This continued u n t i l October 13 hen i t suddenly beerne worse and could not bo stopped. He rushed hist to th e jlo re a e e , S. C. h o sp ita l reaching th ere about 30 p.K. The boy was p a t to bed and he turned him over to Dr. s. H. Lucas, an ays a p s o ia lia t, and Dr. McCloud, J r . , on the aed io al s t a f f o f th e h o s p ita l. He warned both doctors th e y had a serio u s case on t h e ir te n d s, dfeat evening Dr. Lucas e aU sd him a t B en n ettsv ille and said th e boy as re s tin g easy and thought th e hemorrhage as under c o n tro l. Dr. s t u s s earned thorn again i t as n o t through, ih e next morning about 3 a . k . Dr. Lucas c alled Dr. strd u ss over the telephone a t B enaettsviU e and to ld h in he as up a l l n ig h t w ith tits boy and i t looked lik e h is l i f e could not be saved. He requested Dr. S tra u ss to cccta a t once and bring the boy's Bother, ib is Dr. Strauss did. A rriving i s Florence th a t taerning titers as a consultation o f Doctors McCloud, Lucas, Mobley and S trau ss end I t as decided to operate on h ie neck and t i e up the in tern al carotid on the rig h t s ite o f h is neck. This i s a large a rte ry th a t runs up th e rig h t sid e o f the face end feeds the aye There i t branches o f f in to many s c a lie r a r te r ie s th a t feed th e v itre o u s o f th e eye end up in to th e b rain . Dr, S trau ss sta te d the doctors ' ~ ; held H i .* chance o f saving the boy because i f th is a r te r y as not th e source o f the hemorrhage i t would be too l a t e t o fin d th e r ig h t one The boy up to th is tin e had lo s t over a gallon o f blood and he said i f the boy had n o t been exceptionally strong and inf good physical condition he could n o t have survived. Most ordinary se n o r boys would have d ied . o r . S tra u ss th in k s he examined the boy on sons previous occasion to th e fo o tb all accident fo r a students m ilita ry tra in in g cas^ a t F o rt Bragg n ear F a y e tte v ille , H. 0. Ha a ls o may have examined him f o r the fo o tb a ll team. These examinations he was not sure o f and ould co n su lt h is rooorda a g a in . Ha sa id h e was n o t su re whether th e fo o tb a ll in ju ry as responsible fo r the hemorrhage because he understood tbs nose had been s a t without trouble and w ithout bleeding a id th is hemorrhage sta rte d th re e or four day l a t e r and as sa v e rs. Ha sa id Attorneys Tyson & M ille r had approached him fo r a re p o rt which ha gave them, we re ta in e d him to t e s t i f y fo r u s . He s a id a f t e r th e operation on tb s boy on October 14 o r October IS , 1931 blood tra n sfu sio n s ere given to re s to re h is h e a lth . The in te rn a l c a ro tid a rte ry ould a ffe c t the rig h t eye in h is opinion. The doctor i s amiable and re a d ily conversant. He should make a good w itness fo r u s . 6. M s. t-'-:>r- Benaettsville. Witness atten d ed th e p l a i n t i f f whan h i s nose as broken October 6, 1931. A ll the d e ta ils o f th e exact looation o f th e break ere not obtained and Attorney Bennett o f B enaettsville l a to see him again. He says th e re naa no profuse bleeding October 6, 1931 and th e break o r in ju ry as to th e bridge o f the nose n e a r th e eyes. Ha sa th e boy only once and be thought th e nose m s s e t w ithout tro u b le . He knew th e boy Pag# 34. J- previous to th e f o o tb a ll in ju ry aad thinks he examined h ia t e r th e fo o tb a ll p a d b a t i s n o t su re . Ha la p o s itiv e ; th e boy as I s goad p h y sical shape, stro n g and rugged. Be M ja hard t e d d e r cutd played th e most Im portant p o sitio n o f tack le, o r; Jennings took considerable in te re s t in the school a th le tic s end followed the gaocs dOBaly. h o knee o f no tro u b le th is bey had with h is eyes, aha boy never complained to *>', -ifti'if` ;/ 6. TTO- x. n. r.TT.T.y - F a y e tte v ille , 1?. o . H Or. L illy i s one o f th e leading eye s p e c ia lists In F ay ettev ille and m a y people fro E e n aettav illo go to see h ia . we ta lk e d w ith p r. L illy a t h ie o ffic e in F a y e tte v ille , s ix ty B iles north' e a s t o f B s a n a tts v ille . He did not reaflmber ever tre a tin g p la in tif f b u t did have a record o f tre a tin g th e boy's toother, Mrs. H. H. Hubbard, in Ju ly 1983. she ootaplainsd o f th ro at tro u b le and hay fe v e r and s a id i t was a ffe c tin g h e r eyes. He prescribed glasses to correct the trouble, she seat to h ia again In Augaat 1923 t e r fu rth e r treatm ent and c o rre c tio n o f . g la s s e s , o r . Lilly s a id f r e e th e h is to ry so had h e van su re th is b o y 's tro u b le would bs found m h is systemic in fe c tio n l a 1683. He sa id rheum atic i r i t i s as common. That i f @aso- lin e had affected b is ayes ha sold to re an acute a tta c k in S h ortly a f t e r and h ie condition would h a te developed p rc n p tly . He fa r th e r said g aso lin e was a d is in fe c ta n t and sould tend to d estro y in fe c tio n r a th e r th an produce i t . Be s a id gaso lin e n ig h t b a m th e eyes i f allow ed to re g a in in them, a l l h is n a y years o f p r s o tio s he never heard o f t h i s tro u b le ooming fro gafoU** v'^V-r; 7 . m . ROBEBTOOg - F a y e t t e v ille , s . 0 . JV By. s p e c ia lis t prom inently known th e re ho could fin d no record of treatnant. i'E Ieg 38, 8. OR. CH33TSR - y a y e tte v ille , Ji. 0 . Eye s p e c ia lis t 1b ^ s y e tta v ille who aay have attended the hoy o r removed h is to n s ils hut he oared fro a ja y s tte v ille a few years ago and as s o t looated. He could probably be looated through th e S tate Medical convention Headquarters. 9 . H QSPim s - la y e tte v iU e , !?. o. All h o sp itals are carefu lly checked i s F a y ettev ille hut no record of treatm ent. 10. HOSPim - BenoattsTille. We checked e l l rsoords o f both th e old and am h o s p ita l in Bennsttaville hut i t le reported there is bo record there covering say treatm ent to th is p la in tif f , i t i s suggested our lo cal attorneys in B ennettsville should check these records a l i t t l e more c a re fu lly again. 11. HOSPima - Slorsaee, S. 0. There a r e two. The Florence Infirm ary and Saunders Memorial. Halther place has aay record excepting the slorenoe m fix ssry shoes h is treatm ent th e r e i n October and November 1951 ishich vs have already described. The h o s p ita l re c o rd s show p l a i n t i f f entered October 13 and r e m in e d u n t i l Soveabar 4 , 1931. The record i s volusdnoue and th e re i s nothing i n i t we do n o t alread y know. The h is to ry on th e c h a rt s ta te s p l a i n t i f f was in ju re d i n a fo o tb a ll eooldent October 8, 1931. Hie nose m s r e s e t by o r. Douglas Jennings a t B sn n e ttsv ille w ith no bleeding u n t i l October 8 o r October 9 when he had a profuse hemorrhage from r ig h t sid e of h is nose, i t m s controlled by cold compresses. Considerable bleeding again page 36, O atetar IO, t a t neme an October 11. os n ig h t o f October 12 p ro fese hemorrhage again and vas tre a te d by poeter May and Evasa a t B e o n e ttsv illa . on Tuesday, o o t. 13 had a bad haaorxhaga and as brought to h o s p ita l in llo ro n a s 2:30 p.M. by Dr. Strauss o f B asnettaville. T%o rsao rd than shoes treatm ent and serio u s co n d itio n . Thera is no complaint o f aye trouble nor any notation of in fla m a tio a o r other condition. Dr. McCloud, J r . operated end tie d up in te rn a l c a ro tid a r te r y . There are frequent u rin e arnuinatioca ehleh shocod presence of aitasin. Blood examination and blood count shown. M e n tite waesertsan for eyphllis. Isflascsation i n eye s ta r te d fa y days before November 4 and he was tre a te d by Dr. moas eye s p e c ia lis t, a t p lo rasse Infirm ary, a ls o Dr. Mobley, h is a s s o c ia te . Treatment g ira n i s noted on h o sp ital s t a r t as dionin, stro p in and hot compresses. A d aily ooirrenca fo r fiv e days. The c h a rt shoes d a ily vanitin g o f blood. Many tra n sfu sio n s sheen* Believe fo u r. Doctor McCloud d id not fe e l a t lib e rty to give us a typew ritten copy because i t ees a privato case. 13. p a , BA.YSB s t a t e Department o f H ealth, Columbia, s . 0 . This doctor ma interviewed in hie o ffice a t the captol b u ild in g i n Columbia. Be has be i n charge o f s t a t e Depart ment o f H ealth f o r 2 y ears end h e has se v e r heard o f lead poisoning frena Esso o r any o th e r form o f g asoline. He does not th in k i t i s possible* Be attended Dr. Curar,inga conference a t Washington, D. <3. soma f e w years ago when th e su b je c t o f T etra E thyl gasoline came up. He l a fa m ilia r w ith Dr. Leatii*8 p ag e 37* rep o rt and road I t before, h o osald see no ham in the s a le o f i t and has issued no orders or in stru ctio n s against i t s u se in South C arolina. Be believ es th e exudative ohoroditie use due to rheumatic trouble o r other systemic infection. 14, B. ff. anaglC S - Chief s t a t e c h s a is t f o r Dept. A griculture South C arolina - At Columbia. Ha l a fa m ilia r with Esso gasoline and has never hoard o f le a d poisoning i n th is s ta te from i t . Does not th in k I t p o s s ib le , p rin c ip a l tro u b le he experiences w ith lead I s among the farmers who spray- f r u i t tr e e s , a ls o vines and form products w ith le a d a rse n a te and o th e r pieeonous compounds. Be has had a number o f lead easaa among farm workers. He w ill make a chemical a n a ly sis os Esso gas f o r u s i f we d e s ire . However, A ttorney McOowan a t Columbia has sin ce th is interview taken th is up w ith U r. CusEinge and w ill have a chemical a n a ly sis made by someone e ls e . He th in k s gasoline w ill bum i f i t g e ts in a n a 's eyes b u t th e burning w ill be acute and th e r e s u lts a c u te . Ha says the s ta te has no lead expert u n less he could be called one. 15. DR. JAMBS MOQLQgB - Florence, S . C. Dr. H cdoud was n o t interview ed b u t seen by A ttorney Wilcox f o r u s o f F lorence, h o knows nothing p a r tic u la r ly harmful bu t probably la te r on i t might be advisable to see him. 1ft. DOCTORS SIHTH and JEHBIB33 - B erm ettsvllle w hile we have mentioned n r. Jennings p rev io u sly we mention him ag ain i n connection w ith Dr. K irk p a tric k 's statem ent. Our a tto rn e y s in B e& aetteville should see both doctors and sake a careful check to asc e rta in i f e ith e r doctor performed ! s*? page 38, tb s tonsilleotosny on p l a i n t i f f . In view o f b at Dr. K irkpatrick o f Anderson, s. C. says i t i s q u its probable to* op eratio n was perfcraod in B an n attav ille and a r a a l careful search o f the ho sp ital records should develop sonsth in s . 1 ?. PR. g u t s ? - B e n n e ttsv ille , S . C. no had i n to n a tio n t h i s doctor tr e a t 8d p l a i n t i f f in 19S3 o r sometime l a t e r . He i s a r e la tiv e o f p l a i n t i f f 's a tto rn e y , a ls o c lo se ly cosnooted w ith h ia and wa were cautioned n e t to se e him f o r f e a r o f tip p in g o f f p l a i n t i f f . However, i t i s suggested our attorneys in B em ettav ille see him reg ard less. 18. DR. JOBB D. SiaSBg - Saunders Memorial H ospital Hlorencc, s. C. In canvassing Florence to r probable eye sp e e ia liste o r doctors nho nay have tre a te d p l a i n t i f f we v is ite d th is doctor May 4. ne went through h is records c a re fu lly , a ls o h o s p ita l records but could fin d nothing. I h is d o c to r i s about SO years o ld and he i s c a lle d freq u en tly to t e s t i f y f o r p l a i n t i f f s in th is type o f a oase. He i s r e garded among th e lawyers in Floraaoe a s one o f th e b e st ex pert witnesses on the stand there can be found. A fter inquiring whether he knew o f th e ease and fin d in g he d id n o t we thought i t would he an e x c e lle n t idea to f o r e s ta ll to e p l a i n t i f f by re ta in in g Mm f o r our s id e . He i s considered a such more a b le expert w itness on the stand in th is kind o f a ease than Dr. Lucas who p ra c tic e s in th e same c ity . He re a d ily agreed to t e s t i f y and he s a id , a f t e r g e ttin g a h is to ry o f to e c a se , th a t he wae convinced t h i s boy had a rheumatic i r i t i s . He sa id i t so aesphatieally we f e l t we had discovered a fin e w itness. He would he an exceedingly dangerous man a g a in s t u s . p ag e 59, I t is a peculiar co-incidence by there i s a s a lt about to ba t r i a d in Florence Monday, May 29, herein an employs o f th e A tla n tis co a st Lins R. R. i s suing f o r blindness due to le a d poisoning, o r. Luoaa i s appearing fo r tb s r a ilro a d t and o r . sasyser i s appearing f o r the p l a i n t i f f , we have ta lk e d w ith tb s a tto rn e y fo r th e r a ilr o a d , Mr. STad Wilcox, h o i s q u ite in te re s te d i n our ease and be s i l l examine both doctors on tb s stand on the question o f absorption o f lead and i t s a f f e c t upon tb s o p tlo nerves, e tc . i t would be w ell to have a tra n s c r ip t o f the testim ony o f each. r/a to ld Dr. sayaer we wanted him to sake an examination o f our p l a i n t i f f and we to ld bim we would n o tify h is when i t was p o ssib le . He assured u s we bad cose to th e r ig h t doctor when we e a rs to b is , th a t bo would show any ju ry the im probability o f gasoline o r lead causing th is with such a clear p ictu re o f rheumatic trouble. 19. d r . B7AH3 - B a sn o ttsT ille . Ib is doctor tre a te d p la in tif f 's fath er for b is serious rheumatic condition and say have treated th e p la in tif f . Attorney Bennett in B eansttm rlU e knows b i s w ell and should see him. Be is im portant. 20. HR. LOCKWOOD - Columbia, s. C. S ecretary s ta te Board A th le tic s. We saw Lockwood a t the 7 . M. C* A ., Columbia, where be s ta te d ha hud records f o r 1929, 1930 and 1331 o f a l l physical examinations by doctors fo r men p lay in g fo o tb a ll a t tb s high school i n B a n a e tta v ille . These re p o rts may ba ii^ o r ta n t because they.chow th e boy 's physical condition to be ex cellen t. At le a s t they w ill tend to negative any claim the boy has fa ile d in h e a lth sin c e 1928 o r 1829. nx. xecksood agreed to tu rn pago 41, sene disagreement ha had with hits oa an acoount. Ha s a id he had no f e e l in s ag ain st tha standard o i l Co. h a t did have fe e lin g a g a in st C lark. He said th a t during th e hole pear th a t he m o in charge o f the s ta tio n th a t H. H. worked fo r him a f te r school and on Saturdays and Sundays. Be says th a t ho earned from s i x to e ig h t d o lla ra a weak. He a lso s ta te d th a t under th e arrang seat ha had w ith standard o i l Co. he employed f o r tesp o rary work son dm he wanted. He a ls o s ta te d th a t during the e n tir e tin th a t Hubbard was th e re he m s thoroughly fam iliar with handling o f gaaolins, the efinipula tio n o f th e pumps th a t he m s handling o i l i n and about th e s ta tio n , and as f a r a s he knew he m s thoroughly conversant w ith gasoline and i t s a f f e c ts . He sa id th e re m e tro u b le a t d if f e r e n t tim es w ith pump and hose because o f le a k s . He sa id he had tr ie d to g et 'foe standard o i l people atplorenca end Columbia to r e p a ir i t . b u t a t d iffe re n t times they refu sed to come o v er. Be sa id th a t th e uniforms ere n o t furnished by th e ooapany b u t th a t no uniform o f any kind th a t mas saturated with gasoline m s ever furnished th is boy. Iso said th a t he never experienced any trouble with gas on his hands and th a t he had frequently got i t on various p a rts of h is body. Except one time when he g et s o b on h is ten d s and they seemed to tu rn r a th e r w hite. He s a id i t m s w e ll under stood by everybody th a t gaso lin e would burn i f allowed to rerasin on th e akin o r g e t in one's eyes. He aaya he knew the Bibbard fam ily fo r y ears, having been born and reared h ere. He never heard o f i lln e s s o r th a t eyes bothered s& feard. He says h e does n o t remember warning Bibbard o f the danger o f u sing Esso. He h ire d th e boy him self and paid him o u t o f h is perso nal fu n d s .. He says when he took s ta tio n over in yejraary, 1038, he took i t over from C a rlisle Hubbard, bro th er o f b . Hubbard, paga 48, m js _.i who bad been o perating i t f o r some time before th a t. He ie a o t sure o f th e period o f tim e C a rlis le ra n i t . He says be th in k s th a t h . H. was th e re w ith b is b ro th e r, C arlisle* He th in k s th a t i f the f i r s t work Hubbard d id around a s ta tio n . Sid n o t know hose leaked t u t remembered pump leaked*. Be sa id th a t C a rlis le had worked a t th e s ta tio n as manager under Hunter. He does n o t r e c a ll th e condition o f the boy's eyes during tin s he worked fo r him and rexaaahera nothing about i t th a t is significant. \ U nfortunately we saw t h i s w itness l a s t Sunday n ig h t and did not g e t a signed statem ent from him. I t should be dons and our a tto rn e y s in B en n e tta v ille hare agreed to do i t . importance o f t h i s w itn e s s ' testim ony i s obvious. The p l a i n t i f f a lle g e s he was young and inexperienced when 3. 3. Howe h ire d him. This chows he worked a t the s ta tio n f o r over a year before 3 . w. Rowe took i t over. He th e re fo re was experienced. I t a ls o chows h is b ro th e r, C a rlis le , ra n th e s ta tio n during 1887 and he f i r s t appeared th e re under h is b ro th e r. The w itness seems amiable enough and 1ms no grudge a g a in st th e standard o i l Conpeny a s rep o rted t o u s . He a ls o s ta te d th ere were two pumps a t t h i s s ta tio n and th e re was no tro u b le w ith the Ssso pump. He s a id th e hose used was known a s a dry hose and had no c lip a t the nozzle. She leak s he r e f e r s to were a t th e s lo t o r opening in th e pus where th e le v e r was l e t down. He sa id a repairman by th e name o f Jeraig an from Florence used to come over and f i x i t . H* fu rth e r s ta te d th is s ta tio n was, opened about August 1887 and was run by 3. a . TownBand, who i s a b ro th er-in -law o f p l a i n t i f f . Be managed I t u n t i l about November o r Deeesber 1987 rh ea i t was tra n s fe rre d to W. L. Hunter. Hunter placed C a rlis le Hubbard in charge o f i t and C a rlis le was operating i t E / ?a g a 43, when t h i s w itness took i t . ,7h ila hs s ta te d he had not ta lk e d to p l a i n t i f f o r h ia a tto rn ay s we a re in c lin e d to th in k he h as. HO, o f course,should bo o f more b e n e fit to ua than p la in tiff. I t i s r e ite r a te d a signed statem ent Should be secured from him by a l l means. 3 . iiQtHSB RlTOUKra (colored, about 30) - B e m e tts r ille . Witness was working a t Standard S ta tio n under R. w. Rowe hen seen. Coaaanood working a t th is s ta tio n in the susmer o f 1929. go statem ent was taken because our atto rn ey s hare already secured one. Coamsneed working f o r Mr. Rowe the e a rly p a rt o f 1929, about March, a t th e aroad s t r e e t s ta tio n . He s a id th a t Mr. Rowe operated both s ta tio n s , one on Broad s tr e e t and the o th e r on Main s t r e e t . Mr. Rowe ran th e Broad s t . s ta tio n before he took over th e s ta tio n on Main s t . At th e Broad s t . s ta tio n Ralph M orrison, ?im Lee and Jaok Tyson worked, itiexe was only Hb rows a t th e Main s t . s ta tio n . Rowe q u it o p eratin g th e Broad s t . s ta tio n about th e summer o f 1829 and was then o p eratin g only Main s t . s ta tio n . He said he had newer worked f o r Rowe around t h i s f i l l i n g s ta tio n previous to 1929. sin c e th a t time h e has worked s te a d ily u n t i l p re se n t tim e. He oould n o t rem aster anything about Hubbard a s to whether h is eyes bothered him p r io r t o 1989. He sa id he was p re se n t when slim Mathew drove up on Sunday and ordered some Kaao g a so lin e , h o says he th in k s Coke Breeden m s in th e c a r, but did n o t g e t o a t. He I s s o t su re . He I s not sure a s to the month o r year o r th e day, nor i s he su re as to th e year when th is happened. HO peg 44. thinks it occurred boat boos on Sunday noma months ago. B I s c e rta in th a t slim aethaua g a t out o f tb s yard oar th a t ha was d riv in g and H. B. waited on h is , and whan Hubbard fin ish e d f i l l i n g h ie tank and ju s t a s he was about to p u t up th e hose, uathaws reached and trie d to tu rn on the gas again. Before H. H. oould p u t up th a hose the gasoline caste through the nozzle and spurted in to h i s f a c e . Be says th a t Eb Bom washed Hubbard's face o f f in th e s ta tio n and th a t th e nozzle has sin c e been changed so th a t i t i s a d iffe re n t f o r a o f nozzle on the hose than th e re was a t th e time o f the accid en t. He says he newer noticed anything wrong w ith Hubbard's eyes afterw ard s. Witness i s a young negro and he would b e u n s a tis fa c to ry a s a w itness f o r e ith e r s id e . How he can reiaaabar th e d e ta ils r e garding th e acoldent I s a l i t t l e bard to explain due to the fa c t th a t he has probably f ille d hundreds o f oars since then and he has never heard anything about th is w etter fra a 'th a t day to th e time we ta lk e d w ith him. He a lso s ta te d th a t Hubbard'* atto rn ey s ta rte d in v estig atio n o f th is w etter in th e siam er o f 1938. Ho thought H r. bo w s had ta lk e d w ith th e attorneys, but he had never talked with with thee. 4 . MREH H8ST08 - B e n n e ttsv ille . (Aged 22). He was form erly a schoolmate o f p l a i n t i f f and knew him in tim a te ly fo r se v e ra l y e a rs. He i s decifiedly/Jfrlsadly and arro g an t. Boosted end interview ed Aaron newton. Candy Kitchank in B e n n e ttsv ille . H is a ttitu d e i s extremely h o s tile and he r e fused to convey any inform ation regarding the circumstances surrounding th e a c c id e n t. Said he intended to ta l k to no one. HO s a id hs had already given statem ent to a tto rn ey s rise n & M ille r, and Edens. He fu rth e r said th a t follow ing th e aeoident in August, 1929 and fb r a long period a f t e r th a t, th e boy had peg 45. bean tre a te d by sons doctor f o r b is eyes. Be fu rth e r s ta te s th a t in h is opinion Coke Breeden knew nothing about the aeaidenti also th a t Siin liuttows had not to ld the tru th . Also sa id that as far as he knee the ho. y had no sickness or nothing wrong w ith h is eyes p r io r to August 1929. This w itness i s th e most h o s tile w itness we have ta lk e d to yet and unquestionably to has bean carefully cultivated by plaintiff attorneys. 5 . J. H. JKRSIGAB - Florence, 3 . 6. 119 west P in s S t . Shis w itness fonaarly employed by standard O il fo r 9 j years resigning Beoesfcer 15, 1929. He was employed a t Florence and was known a s a &. & 3. " pump neehanio. His t e r r i t o r y cowered B esm ettsvllle in 1927, 1928 and 1929. Be reasobers th e Main S t. s ta tio n in Bs& nettcville q u ite w e ll, i t had in s ta lle d type T-177 G ilb e rt & Barker pump with what i s known a s a "dry'1 hose. That eijaply naans a hose w ith no c lip o r c u t-o ff a t the nozzle. Those w ith a c u t-o ff a t th e p o in t where th e hose jo in s th e pump e re known as "wet" hose because the gas remains in the hose a f te r cutting o ff the quantity wanted. This w itness was d escrib ed as probably h o s tile to the Standard O il because i t was sa id he was discharged, t o the co n trary , he wae n o st p le a sa n t and i s q u ite anxious to a s s i s t u s . He w ill give ns a complete signed statement a t any tin e . A fter describing th e case s l i t t l e to him, o u tlin in g the a lle g a tio n s o f negligence, to pointed o u t th a t i t was in p o ssib le f o r i t to happen th a t way. He I s w illin g to go in to th e case f u lly w ith our attorneys and i t i s suggested Attorneys Bennett & C arroll v i s i t b in when they go to see any o f th e doctors in Florence. He remembers some o f -the re p a irs he soda and s a id h is re p o rts i page 46. Witness s ta te s a l l puspa develop some leaks around the o u t- o f f t u t th e leakage would be slow and would not f l y in anyone's face. Witness i s unemployed a t the present tim e. Says th e s lid in g s lo t would have to be held open f o r enough gas to run out to s p ill on a person, the handle autom atically closes. - do TESD SELLS - B en n e ttsv ille . (White - aged 3 1 ). Operates o i l s ta tio n f o r standard on Broad s t . Came to s e s n s tts v ille October IS , 1329, He i s s o t s ir e whether p l a i n t i f f ever worked a t h is s ta tio n o r n o t, b u t C a rlis le Hubbard, h is b ro th e r, d id in 1929 and 1930. The standard O il conpaay did not fu rnish uniforms but allowed 25$i fo r cleaning them a s p a r t o f the operating expanse, i t was the duty o f the assn to keep th e ir own uniforms olsan. &s had gasoline in h is eyes and on h is hands but never had any trouble. Does not see how i t can be avoided around s ta tio n , scows nothing of p a rtic u la r value to us. 7. w. L. m m - B en n ettsv ille. Statement attached. 3 . C. s , R3DPIR0 - Georgetown, Kentucky. Witness was form erly coach o f the fo o tb a ll team and i s now re sid in g in Georgetown, we had to have him interview ed by an a tto rn e y In Lexington, By. and h is statem ent i s atta c h e d . I t Is fa r from sa tisfa c to ry as to d e ta ils . 90 CHAHLBSTOH KSflBEBT - J. E. Lenhardt, Manager. At Charleston we conferred w ith H r. Lenhardt and we desired th e mixing records showing th e amount o f T etra E thyl flu id mixed w ith gasoline which would be shipped to B en n ettsv ille r tir page 47 on or about August 1929. The record is herew ith attached and shows a proportionate mixture of one to f if te e n hundred. In other words, one cubic centim eter to fifte e n hundred cubic centim eters o f g a so lin e . In some instances there was not even th is amount. la one g a llo n o f gasoline th e re is approximately th re e thousand two hundred cubic centim eters o f g a so lin e . Consequently, in soma o f these mixtures th ere was even lose than one cubic centim eter of lead mixed. For , instance the lead per g a llo n i s shown as follow s: LEAD FSR GALLOIS .7550 co .7424 cc .7509 cc .7533 CC 1.8449 co 1.8520 CC This 3howa s ix d iffe re n t m ixtures a id assuming th ere a re 5,200 cc of gasoline in one g allo n the extremely sm all proportion o f even le s s than one to six te e n hundred p a rts did n o t even e x is t. K r. Lenhardt informed ms the laboratory man would be a v a ila b le as a witness to te s tify concerning these actual mixtures be- cauBe i t was under h is d ire c tio n and personal supervision th a t the lead flu id was mixed in these pro p o rtio n s. Tfr. Lenhardt during the course of the discussion s a id th a t gaso lin e i n - i t s e l f would burn ones eyes s u f f ic ie n tly to cause b lin d - ... ...% ness*..,' '- 7e secured these records because re understand th at Sennattsville P la in tif f ' attorneys a re hav in g a chem ical a n a ly s is made of k so gaa. . SOUS APPLICABLE SOimi CAHOLIKX LVA' On th e question o f our rig h t o f removal because o f a separable controversy S3 Ped. (2nd) 1010 - Sanders v . tlo n tie coast Line, e t a l . has page 48, alread y been s i t e d in th e foreword This i s a decision by judge Glenn o f the federal d is tr ic t oourt fo r the eastern d is tr ic t south Carolina, our removal p e titio n w ill e ith e r be heard before hist o r judge Cochrane. l a th is ease 33 fe d , (2nd} 1010 judge Glenn exhaustively review s 1 .' ' ! the twelve grounds o r ru le s whidb govern the rigiat o r removal, sach one of th e twelve r u le s i s thoroughly discussed and makes In te re s tin g reading. in our p e titio n we a lle g e th e jo in d e r was fraudulent w ithout statin g facts to support i t unless i t ie intended th at our contract with Rows perm its the conclusion o f fraudulent Joinder. But in t h i s re sp e c t the same Judge Glenn in Kims v . The Texas Co. s e ttle d th a t by saying i t I s n 't enough. I t i s suggested th e Sanders v s. A. C. 1. Supra, be read. Regarding the l i a b i l i t y an in te re s tin g case i s found in 55 South Carolina 483 owings v . Koaeynick o i l H i l l . This case i s s t l U th e law in south C arolina and i s repeatedly c ite d a s a u th o rity in l a t e r eases involving sim ilar issu es. An e x tra c t from th is case i s as follow s: "A m aster I s not requ ired to n o tify a servant o f the danger to which he i s exposed when the servant knows the danger o f the s itu a tio n in which he i s required to work. in an a c tio n f o r damages f a r negligence i n m e t e r sending a serv an t to work in a dangerous p lace w ithout notice non-suit should be granted filers the proof Is th at servant knew o f th e danger. where the se rv a n t knows the dangerous n atu re o f the s itu a tio n i n tfcieh he i s required to work o r o f th e machinery o r o f th e appliances which he i s to use such warning would not only be useless but absurd. f o r in stance i f a blacksm ith i s employed to do work in cid en t to h is s e a lin g I t would be absurd to say th a t h is sagdoyer i s req u ired 1 warn him th a t i t i s dangerous to allow a heated iro n to coma in contact with h is hands o r any portion of his bodyi' page 49. These p rin c ip le s a ss so w all founded in reason and , common sansa th a t they need no a u th o rity to support than. Further - . "As we h ate seen th e negligence charged c o n sists in the fa ilu re of th e ssplcyer to s i t e the warning to the e a lo y e e ; h u t I f such warning was not shown to he necessary th e re was no duty on th e p a r t o f the employer, and hence no negligence. P l a i n t i f f ' s own testimony shows he was aware o f the danger o f coming in contact with th e wires and he was bound to know th e wires were charged w ith e le c tr ic ity . Any warning which s ig h t ha-re been given would have been e n tir e ly u se le ss and defendant neglected no duty In f a llin g to warn. I t was g e n e ra lly known i n th a t coraainlty th a t e le c tr ic wires were dangerous and th a t th is presung>cion i s w ell founded and f u lly shown i s the e x p lic it admission w hile on the stand th a t he knew." A case w ith a w ell,,accepted ru le o f law i found in 160 3 . 0 . - 541, 159 s . E. 390 - sfeston v . K illyan: * "Y erdiot fo r p l a i n t i f f cannot r e s t on guess o r conjecture. A servant cannot recover where I t i s merely a m atter of conjecture, surmise speculation or supposition as to whether th e in ju ry i s due t o defendant's a c ts " . This ru le o f course I s in d e lib ly impressed in to tbe common law o f a l l the s ta te s b u t i t i s mentioned here to show i t i s n o t obsolete in South Carolina and there i s s t i l l a ray o f hops and ju stic e fo r la s abiding t o r t fe a so rs th e re , i t i s n o t ye* "ao man's lan d " in th e domain of ju stic e and jurisprudence. The syllabus i n Brewer v . sroolclyn Cooperage Co. - 138 s . s . S5 decided by supreme Court o f south Carolina on oat. 5 , 1932 i s as follow s: "Shea w aster employe competent servants to n o tify other servants o f dangers from appliances they are "fellow servants" and master is not responsible fo r th e ir fa ilu re M A page 50, X on th e f i r s t a lle g a tio n o f negligence we w ill be ab le to show conclusively p l a i n t i f f was anployed fo r over one year around the s ta tio n before S. w. Rowe took charge in March 1929. Ha even worked under h is b ro th e r C a rlis le in 1927 when h is bro ther ran the s ta tio n fo r H unter. E. w. Bows th erefo re d id not employ an inexperienced boy and as gasoline i s so w all know and ao ccemonly in use i t s dangers a re eosssosly known. The same s e t o f fa c ts answers negligence Z As to #3 we a dialt the dry hose did not have a c u t-o ff a t th e nozzle. But th a t f e e t alone did not cause the emersion in August 1929. As to #4 we did not fu rn is h the garments. Shis was a p a rt o f the o b lig a tio n o f 'Hie p lo y s to provide him self w ith proper d re ss. I f he took the s o ile d clothing sa tu ra te d w ith gasoline I t was obvious to him a t the time and i t would be c le a rly h is option to re fu se to put i t on. He cannot m aintain th a t we required him to work in gasoline soaked c lo th in g . This i s too absurd to consider. On the law and the f a c ts th e p l a i n t i f f i s on th in ic e but i s is very doubtful th a t the federal Court w ill hold th e case unless o f course the p l a i n t i f f f a i l s to move to remand. The f i l i n g o f our answer in Hie s ta te co u rt i f done before the p e titio n fo r removal was f i l e d might a lso b a r our removal r ig h t bocause i t amounts to a waiver and an acceptance o f the s ta te court ju risd ic tio n , o rd in a rily the p e titio n fo r removal must be the f i r s t s te p . Our atto rn e y s o f course have considered these angles but fo r the purposes of coupleteness th is subject id discussed. Obviously th e re a re eome important angles to be developed. TSie ton sillectom y follow ing th e rheumatic tro u b le in 1925 i s important and should be traced fu rth e r. Or. Leeohe who made th e survey in 1925 fo r the United s ta te s p u b lic H ealth Service Bureau under u r. Cunnings concerning th e dangers to Page 51 public h e s lth in the Use of i e t r a L thyl Lead oasollna should be conferred w ith and i f p o ssib le he should be ashed to confer w ith Dr. Lucas of 'lorenca end p r. s a y s e r. The problem of lo s s poisoning from the use and handling o f Sseo was e a re fu lly studied by him in 1985 and ho fin a lly recommended i t s general s a le because th e re was l i t t l e o r no p o s s ib ility o f poisoning, th e r e la tiv e proportion of the lead flu id o f one to f if te e n hundred males3 th e amount of lead in fin ite s im a l. ,e do not have a picture of lead poisoning in th is case because the health of the p l a i n t i f f seemed to be a t i t s b e s t in the years o f 1930 and 1931. There is no p ic tu re o f d e te rio ra tio n . She rheumatic a f f lic tio n in 1923 was severe end la s tin g . Ha even had a bad tem perature o f 104 in Dhguet 1922 almost one year b e fo re . This according to h is own fam ily Doctor Day. 1510 p l a i n t i f f ' s eye condition o f 20/70-2 r ig h t eye and 20/30 l e f t eye is nothing unusual o r uncommon. m examining the cards of th e stud ents a t the Liurcheccn School we were surp rised to fin d the la rg e number of ch ild ren w ith 20/70; 20/40 5 20/60 and 20/80 s ig h t. The cause o f i r i t i s a re many end a re l i s t e d as follow s! "Depending upon i t s etiology* i t may be c la s s if ie d as (1) S y p h ilitic , (2) rheum atic, (3) Gouty, (4) Gonorrhoeal, J5) from Septic In fectio n , (6) D iabetic, (7) scrofulous, (8) Tuberculous, (9) Traumatic, (10) sym pathetic, and (11) Idiopathic. I r i t i s has also been divided according to the nature of the products o f inflammation into p la s tic , serous, spongy, purulent, jo d n la r, e tc * ; b u t th is c la s s if ic a tio n i s u n sa tis fa c to ry because one type merges in to the o th e r." i r i t i s may be acute and run i t s course in se v e ra l weeks; o r i t may be chronic and l a s t a number of snonths. a g re a t many cases term inate favorably, e sp e c ia lly when subjected to proper treatm ent e a rly ; the exudation becomes absorbed, and the i r i s re tu rn s to a nom nl condition w ith no evidences o r mere tra c e s of former iru'lapiaation. _n the other hand, se rio u s com plications and d isa stro u s sequelae may a r is e ; hence the prognosis should be guarded. Chronic eases present very mild sge as. in fla a a a to ry symptoms, o r the l a t t e r sa y bo e n tir e ly absent. C ertain f a s s o f I r i t i s have a tendency to re c u r. I r i t i s may involve one or both eyes; whoa both eyes a re a tta c h e d , the second u su a lly la a ffe c ted a short time a fte r the firs t* ISD342ITB OR 'K^-AUPim:JIVA ClffiROIDIIIS i s c la s s if ie d , according to the location o f the fo ci of inflammation, into tho follow ing p rin c ip a l forms: (1} D iffu se, (2) Disseminated* (3) Circumscribed, (4) A nterior, (5) C entral, (6) s y p h ilitic , and (7) ryopic. I t is of frequent occurrence and i s observed a t a l l ages; i t is u su ally chronic in it s course, th/ough occasionally with acute onset. H e o b jectiv e symptoms show no e x te rn a l s ig n s, b u t the ophthalmoscope reveals a ell-sark ed p ic tu re , here are patches o f exudation varying in si?., shape, and p o s itio n , i t f i r s t th ese areas are yellowish (soaetimes greenish-gray) in co lo r, with ill-d efin ed margins| the r e tin a l blood-vessels aro seen to be lif te d ana to pass over them. l a t e r , a f te r sev eral weeks or jaontba, the exudation becomes absorbed leaving patches of choroidal atrophy5 the l a t t e r appear as w hitish areas (th e so le ra showing through) o fte n presenting d is tin c tly v is ib le choroidal v e s s e ls , and marked w ith Rre o r le s s p ig s e a t, e sp ecially e t th a ir m argins. Visually the v itreous i s involved, and then th ere a re o p a c itie s o f th is mediua. Very o fte n the re tin a becomes atrophied opposite the patches ju s t d escribed, he o p tic disc may p a rtic ip a te and be hyperaeaic a t f i r s t sad l a t e r present a d irty yellowish-rod color with blurred margins, a condition often spoken of as "choroiditic atrophy* Xhe com plications to be seen fro a th is show th a t neighbor ing structures are frequently im plicated: I r is , re tin a , optic nerve, v itreo u s, end sc le ra ; ch o ro id itis say also cause p o sterio r polar cataract. ih e Etiology i s th a t freq uently ioraa c o n s titu tio n a l d ise a se , o r s $ tic in fe c tio n t r a m th e te e th , o ra l and n a sa l c a v itie s . ,, ago S3 1. Incas described the exudative ch o ro d ltis 1 th is case was d if f u s e . `Hhe p l a i n t i f f n i l l have considorsble trouble- hurdling the fa c t hia d efeet in h is rig h t eye increased, to 20/200 a f t e r the accident. aoidatire eherodltis is very rarely , i f ever, the re su lt of trscaja, according to 0?. iwcas. 7losing th e case fro a a l l o f I ts angles i t does sees to bo one to be trie d , :.:<s a re taking th is oppeotuaity o f expressing oar ap p reciatio n of the hearty cooperation and able assistance ronderea by --ttomoye 3enaott and C arroll and Attorney r'oCowan. 'll! havo done everything p o ssib le to caste th e au th o r3 sorl: c o a le r. ..ith u t th e aid e actionintancaahip which .tto ra sy s Heanett and d arro U anjoy and t h e ir high stand ing in B oanettaY ille v ic in ity , l i t t l e o f th is work could have been successfully sccoaplished. Attorney C arroll carted nig h t end day to g a t a t th e f a c ts , Ih ere was lo ts of hard work sh ich s a s c h e e rfu lly performed sad there i s s t i l l lo ta to bo done to gather in a l l th a loose ends o f the caae. iospeotfully suter.itted, United s t a t e s ounuaity Oeapany. ARTICLE COPIED IHOM THE PSB DEE ADVOCATE, FUBLirnED BSHHETTSyiLLS, S . C ., THURSDAY, OCTOBER 1 5 , 1 9 3 1 . " STAR FOOTBALL PLAYER Hi FLORENCE HOSPITAL " " J r . , s ta r ta c k le of the Cresa Wave fo o tb a ll team, i s ia a 'loraac H ospital su ffe r lag frora a broken nose receives in scrii-sage here l a s t week. nose had been tre a te d by doctors here but the bleeding could n o t be stopped* Tuesday morning ha was rushed to the Florence H o sp ita l, where a blood tra n sfu sio n was necessary. Coach Redd- in s end several Eestbers of the tean went to Florence yesterday to have blood te s ts sad for fu rth er tran sfu sio n s, i f necessary. was one of the s ta r s of l a s t season and was showing up w e ll t h i s y e a r. His nose was broken ju s t before the gasse w ith takeview l a s t Friday and he was n o t able to take p a rt in th a t game. His saany admirers o f th e school and town wish for him a speedy recovery. - ABTEL3 COPIED ntOli THE PEE USE ADVOCATE, PUBLISHED BSHflH ITSm LE, S . C .t THURSDAY, OCTOB&? 2 S , 1 9 3 1 . " YCTJHG FOOTBALL PLAYiH BP30YSS AT HOSPITAL * lo c a l fo o tb a ll p la y e r, la ra p id ly Improving a t th e Florence Infirm ary, where he was taken l a s t week because of the lo s s of blood from a broken nose. Two tro n sfu sio n s were necessary. Charles Redding, fo o tb a ll coach, sire almost a quart of blood Wednesday a f t e r noon o f l a s t week, and w* W. V ia, lo c a l te a c h e r, gave a p in t Tuesday afternoon. Sometin s s nose was broken in fo o tb a ll p ra c tic e and ;the doctors were unable to stop th e bleeding. He has now p a rtly regained h is stre n g th b u t the doctors gave the tra n sfu sio n Tuesday eo the band ages could be removed from the nose. iteny of h is school s e ta e and frien d s throughout the county bars v is ite d him a t the infirm ary . Several members o f the fo o tb a ll team offered th e ir blood to the weak lad and A. C. Green, another member o f th e Green Wave has been staying w i t h p a r t o f th e tim e. He return ed to th e c ity Wednesday morning and re p o rts condition as quite satisfactory 1911. LBWOD ROSE 5-21-33. >; 1 was born .ugust 1911 and "H. H." was bom September 20th, I f i r s t knew ju s t a f t e r they m a t e d to town from the fa m . I was s ix o r seven years o ld . ..'as ju s t before w ar. a . H. was always behind na in school - I was always ahead o f H. H ., but c a n 't remember d e fin ite d a te th a t f a r back, i remember when he was out o f school f o r a long tim e. I remember seeing him sick fo r long tim e, we d id n 't th in k he would g e t w e ll, do not remember any doctor but Key. They may have c a rrie d him to F a y e tte v ille or F lorence, l y b ro th ers and Rogers boys went to see him. He was in bed, b is leg s were swollen and he was h e lp le s s . His hands may have been a ffe c te d . A fter they p u t him in dark room. I d id n 't see him any u n til he got w ell. His b ro thers made fun o f him and sa id he was crazy, I c a n 't remember d e fin ite ly about the g la s s e s . He to ld me who took out to n s ils but I c a n 't remember d e f in ite ly , A fter he went back to school, he was in and o u t, K iss Korma nose was te a c h e r. Seams lik e I remember him p u ttin g on g lasses f o r a while ju s t a f te r ha got out o f bed. About 1927-28 H. H. s ta rte d going around w ith Puddle Fond. D on't remember wreck they had - Someone in fam ily always going over to Florence to see d o cto r. A fter moving away from Roper House they always had l o t o f old junked e a rs . He worked under the c a rs , often in d irty , greasy overalls, X th ink he S ta rte d work a t f i l l i n g s ta tio n about time he moved to country. He worked f o r Kip Rows before he s ta r te d work fo r E . W, Rowe who took I t over about f i r s t p a r t of 1929, 1 was working a t Broad S tr e e t s ta tio n before them. H. worked f o r Kip seme tlxaa a t Main S tr e e t s ta tio n . He d i d n 't work fo r IS. B. Rowe much, very Irre g u la rly , in afternoon, some Saturdays and on Sundays when open. Kewton, R a t e l i f f e , lih ltn e r, and I worked there, i never saw h . h . work any where e ls e . Never saw him work f o r s e l l s Broad street S ta tio n - Hunter Lee, sells and others.  2" U sually H. H. wore o v e ra lls furnished by 7?. Sosie, never saw overfills w ith gasoline on them. Sometimes o i l . Ho s tip u la te d r a t s o f pay except Sunday. E. H. did n o t work every Sunday open, sometimes he worked a t Broad S tr e e t s ta tio n , po ssibly w ith Morrison o r Qsmoa Brown. On August Sunday, 1929, I was a t Beach, heard about H. H. g e ttin g gasoline on head. I heard he l e f t hose turned on, and s p ille d Pump had never leaked a t anytime. Has bean one year sin ce hose was changed- sometimes hoses would g e t wrung loose a t to p , b u t never leaked bad. Gas would n o t f l y in your fa c e . In 1930, a f te r he got gasoline in face he worked a t s ta tio n ag ain . I th ink he went to savy in 1938 o r 1939. H. and A rrent newton to ld me they were going to Join navy. One c o u ld n 't g a t in , and other w ouldn't. I never heard H. II. complain about h is eyes u n til in school in 8 th . Grade. Probably a f te r 1939 - Later ho went to F le tc h e r Memorial. Whan he would go to read he would stop and s t u t t e r , we thought he was dumb, he sa id i t was h is eyes. I know th a t in G ram ar shhool he could not read. ,- One day K aiser Edens, l a s t sursaer, rode in s ta tio n and Sb was busy* He asked me questions about lb making me work in d ir ty o v e ra lls . Keaehum says Sdena was always a f te r him, sa id ha was going to g e t Esso. The day a f t e r complain was served, Lieacham came in and s ta r te d crying because h is o n b ro th e r in law was try in g to put him o u t o f a jo b . They gave Meaoham a paper to o . S h e riff had a paper fo r head o f standard O il. L ast coa?!leint served on Kb. When he played fo o tb a ll he looked vary stro n g . D on't remember H. g e ttin g h i t by drunk. Brother to ld ise about wreck on way home. Hreefc was n o t s e rio u s . S . 's f a th e r 's Ford was to m up one time. i't ' In His junk car uork, he sore d ir ty , greasy clothes and had buckets o f gasoline to sash hands in . Have never seen him do t h i s . He always used i t f o r t h i s . Cars never used m u ffle rs. On ears u sually then took o ff exhaust pipe, soaatiass had short pipe. sy name is Folly Johnson and I live on toe Cook Farm. 1 worked on toa premises family about ten or twelve years ago and I remember when Ju n io r was aw fully s ic k . He was kept in a dark r o ta fo r a long tim e. His f e a t , hands and arms were badly swollen fo r a long time He had to wear g la sse s and. was attended by Dr. May. He was so bad he could not use h is le g s and arms, n is r ig h t e ra was the w o rst. They put poluses on toe area end le g s . I saw him wearing g la sse s f o r some tim e. Ilia s i s t e r F iith would t e l l me he had to wear to e s because h ie eyes were so bad. Arthur Johnson, whose w ife's name i s . r r i l l a saw toe boy continuously and knows a l l X know. This man is s t i l l h e rs and now working on Frank sogers farm . He had*: a nephew who worked with him. Austin Townsend and h is w ife used to come over a l l toe time and could t e l l the same th in g , ihe doctor used to say i t was h is kidneys and rheumatism. He was so sic k they thought he was going to d ie . They thought ho got sic k from the w ater in toe - creek back of toe place. Hie hands were so bad he could not hold h ie hands up . hen he was ly in g down he could n o t e a t With h is hands. He Ju s t grabbed a t h is food. I t was so bad h is head would je r k . He could not walk and he had to be lead around and helped. He was in a t e r r ib le co ndition, speck Rowe used to crane over and s i t w ith him. He knows about th is sic k n e ss. He was about 12 years old a t th is tim e, I used to see him once o r tw ice a week, sometime I would be th ere every day. ometimes I would s ta y a l l week. ofused to sign. This is said and given in the presence of J . F. ' cLaurln. (Signed) J . r . ivCLaarin. v n j 13, 1933. 1 worked fo r ^ f o r eighteen years o r so . 1 r e c a ll th a t around 1923, young vas sick. I remember th a t h is Father to ld mo th a t l i t t l e ^ J j | h a d rheumatism. He was aw fully sic k about two years before h is fa th e r became sick around 1925, as I re c a ll i t . The boy was sic k fo r a long tim e, I 'would say a good many months. Hla jo in ts were a l l swollen up. 1 saw him in the house, in bed. . - I do not remember h is wearing g la sse s a f te r or before h is sic k n e ss, but ho could have done so w ithout my knowing i t and I would not say he d id not wear thesn Jim ?eo t worked on a f a r a to o . He would go up to the house to see h r l i e liv e s a t Breeden's sid in g now. .`nother colored boy worked around the house. I heard Kr 5aw th a t the boy was about to d ie . He sa id he was in r e a lly bad shape with rheumatism. (Signed) Oscar Johnsdn. I Gay 23, 1933 At ticse' was liv in g in ".e n a o tts v llio , I liv e d in co u n try . i began going w ith h i s around 1936 o r 1927 a g re a t d e a l. d id no r e p a ir work on e a rs t h a t Isioss of. i l l i r r ; Weatherly* Sport . o a th o rly , Duck H o llis and oth ers vent in swirling with h la. Hies Sensing, done, an t, Fur, l.ipscaab, Berry, Hargrove (7th) taught me. 1 don't raaeatier any eye tro u b le . I saw h i s in clooorcorl. Ksver heard h is poor reading was bseaus o f eyes. Hssnoth was the mechanic, not a . H* X rode around r?ith x h la a t tiasss. I never was in an auto acc id e n t, ; a 't r e c a ll acci dent rhea 1 supposedly s e t up about. Ho Played r ig h t guard, X th in k , when I played. He had r ie u m tis s sees t ic s hack, before he played f o o tb a ll, 2 don't think ho wore g la sse s e a r l i e r . Ho m e a good play er, stro ng and husky. He van supposed to bo one o f the b e st play ers on the team. 1 s ta rte d playing fo o tb a ll la the 7 th . Grads. onetime around 1924 to 1920. H. had pains in knees and could n o t go about with r e s t o f boys, 1 a ttrib u te d th is to rhcusmtlum which ho ta d e a r l i e r , and which kept H. out f o r a whole season. I used to w restle w ith him in Grotsaar school. He was working fo r the standard otat.L a n t the corner o f persona,'! end r a in s t r e e t s when. I was working fo r u a to r. Alien ho was n ic k , i t was the la 3 t year th a t th ey liv e d in the Posers house. Then ho was s t i l l eiek a f t e r reaching the Moore house. Uis lego were olmost u s e le s s . 2 used to u t gas in underground tank a t \.b r.owe's . I knew nothing about th : tanks above ground or their condition. (Signed: Clyde Pond. u i way 32, 1933. _ STATS533JT 0? COSE 8RB3MU, By name is coke Broaden and I run a gas s ta tio n on S ta ts uoute #8, B e a a a tte v illa to cheraw. i f i was p resent in August, 1929, w ith Slim Tiethaws, i d o n 't remember anything about i t . I d o n 't th ink I was th e re . I bare know* ever since he was a boy and 1 think he had trouble w ith h is eyes a Ion1? time before he g o t th is gas in hia eyes in august, 1929. I remember when he had rheumatism and I know he was sic k fo r about a y e a r. I think he went to Florence a t th a t tim e, i t seems to me a t th a t time he had rheumatism he had weak eyes. I saw him about two weeks ago when he drove up to ay house a t which time ho had on green glasses. (Signed) C. B. Breeden. st& raE fff a? . u h u iit e ii. C a r lis le Hubbard worked under mo f o r s e v e ra l weeks when I had tb s Parsonage S tre e t Standard S tatio n under ay control* C a rlisle as in charge. C a rlis le had help under him. I p aid only C a rlis le . I do n o t know w hether C a r l is le used o r r`o t > 1 have seen m H . around th e s t a t i o n w h ile C a r lis le was managing i t , b ut I d o n 't know w hether C a r lis le employed him. X do n o t know o f any d e fe c t i n th e Esso pump. I d id n ot n o tic e any such d e fe c t while I was in charge o f the Parsonage S tr e e t s t a t i o n and I never h eard o f aay such d e fe c t l a t e r . The hoys were changed very o fte n . I was manager o f th e s ta tio n s in t h i s County a t th e tim e o f the sudden dashing o f gasoline eyes. I heard nothing about t h a t a c c id e n t, however, u n t i l th e news o f th e law s u i t was published. As m anager, I always warned my ag en ts about th e danger o f handling g aso lin e c a rle s s ly . I remember warning C a rlis le Hubbard. I was in charge o f a l l th e Standard s ta tio n s in 1328, 1929 and up to June, 1930. I th in k th e r e was seas tro u b le a f t e r Sh Howe' s tim e w ith th e g a s o lin e pua(p n ex t to m ain s t r e e t , b u t X do n o t r e c a l l any d e f e c t i n th e Ksso pumps. The g a s o lin a pump was r e p a i r ! soon. Iv e never heard of any auto accidents involving E. n . Hubbard, Jr I se a s to have a very s lig h t im pression th a t ha t r i e d to jo in the Bavy, b u t X could not say so . X handled gas for 12 years, woiklng for the Standard Oil Co. I was g e ttin g gas and o i l on my hands and body c o n s ta n tly . I ro v e r su ffe re d any i l l e f f e c ts w hatever. X got m y self e s p ec ially dirfcy and greasy. ' N8315.1 \ Hanter, as much gas on me a s H. H. Hubbard. . I never re c a ll seeing rearing greasy or sa tu ra te d uniforms* I n o ticed th s condition o f employees uniform s to o , because t h a t was p a r t o f a y jo b . Vy p o s itio n was th a t o f g en e ral BBtnagar o f a l l th e S tandard O il s ta tio n s i n t b s H en r.ettsv lU a d i s t r i c t . 1 th in k M H fc bagan working p ro b ab ly whan h is b r o th e r C a r lis le aaaass the lorsom ge sta tio n under e s . In a l l my experience r i t h g a s o lin a , I Save never heard of- any p erso n s u f f e r in g i l l a f f e c ts o f any n a tu re from coralng In co n tac t w ith It. (Signed) T.'. I . B a r te r . r ? 22ad, 1933. S E iraSK T F LACT JACT-SCN 1 played fo o tb a ll oa the ssse team s ith in tha f a l l c f 1929 ead th e f a l l o f 1920. I graduatd frcss th e High School in Jan 1921. played with me h was as good a tackle as I over played with. He had no trouble with his ayes to ay knagledge. His physique sag very good, and he was a fine player. Si* f i r s t I heard about h is ays trouble sy fath er to ld as th a t had file d s u it ag ain st th e Standard Oil* 1 did n e t see g la sse s on him b efo re th a t to cy re c o lle c tio n . hen ha sa s in the h o s p ita l, 1 gave b l o d , b u t I heard nothing about eye tro u b le . 1 I'ozaesber n o th in g ab o u t h i s being i n an autcssobile a c c i d e n t. I knee v e ry l i t t l e about hi before he reached high school, sad I do n e t r e c a ll anything about h ie h ealth in granrasr s c h o o l. He was h e a lth y so f a r a s 2 know* (Signed) hscy Jackson. STAmsSSt SF 0D3X J3A1H538- t!By 2 2 a a .,1955 I don't remember rhen .t g la s s e s o n , i know ho wore th en l a l a t t e r p a r t o f h ig h s c h o o l, b u t sh ea ho began to wear them 1 d o n 't know, : t B ichard B a llu a , to th e b e s t o f ay r e c o lle c tio n s , was a t ay house ons day a n d , i f I r e c a l l c o r r e c tly , s ta te d th a t n 'i . 'e nose was made w orse by a blow which was d e a l t i t by someone c u t in th e c o u n try . I t seamed- th a t some wosen asked H K. to h elp h e r s e t an o th e r boy o r man away from th e house and i t doing s o , . a , re c e iv e d a blow on th e n o se . 3 u t 1 may be wrong, t h i s b ein g only an im pression. w earing g la s s e s one day when he corns to th e cchoolhouse, r.eosone asked him, 1 th in k , i f ha was e l ig ib le to p lay f o o t b a l l , 'ib is was ab o u t th e f a l l o f 1951, 1 th in k . C h a rlesto n , S . C. May 23, 1933. Ofce fo llo w in g i s th e info n B atio n i s eonnedtion w ith shipm ent o f Esso to Cheraw, S . C ., req u ested by B r. A rthur 3 . R eid, A ttorney f o r th e U nited states C asualty Company: .. CARS OF iSSO SHIPPS) CHSUsV, S . C. PRIOR SO AUGUST 2 6. 1929__________ ________________ __ DATE CAH SOMBER Feb. 18, 1929 4363 A p ril 9 , 1929 16390 May 10, 1929 34293 J u ly 5, 1929 11193 J u ly 31 , 1929 24371 SSSO GASOLINE KKOTRES SD3 AT SHE CHARLES P.E?Ix<33Y mOIS WHICH ABOVE CARIS WERE SHIPPED C ertificats Jo* Data G allons Mixed 2013 June 81, 1929 278,153 2015 July 2 , ft 283,877 2016 July 12, n 279,688 2018 July 34, 1929 378,765 2020 Aug. 14, ft 325,223 2021 .lug, 22, n 388,802 Q uan tity of Lead 8 Brums a 105,000 C - 210,000 2 tf S 105,000 CO - 210,000 B 11 ii 105,000 cc - 210,000 Z a 105,000 cc - 210,000 5 .120,000 cc - 600,000 6 a 120,00a CC - 720,000 lead per gallon .7550 ec .7434 os .7509 ce .7333 cc 1.8449 co 1.8520 ec SO u nderstand from o u r Columbia o f f ic e t h a t th e usso so ld a t B e n n o tte e v illo . s . C. was su p p lied freta cheraw, s . c . IS? R eid re q u e ste d th a t t h i s in fo rm atio n bo forwarded to you Very tr u ly yo u rs, _ J . b. Lenharat . SXBEHFTS TAXM SHOtt ?H2 SOUTH 3ASTBOT BHFOriTSR # 167, p ag e826. "TATS V. GL/^SE^IAHREBCE CCK3T. CO. a t a l . Ho. 1 3 5 7 6 ." StJPKSiS COURT Op SOUTH CAR0LIHA. -'b. 7, 19SS. Tbs c a rd in a l q u e sti a Rich co n fro n ts ns a t th e th resh o ld o f th e case i s t h i s : Does th e c o n tra c t between th e r e f in in g company and C. A. Dixon alo n e -deteim ina th e r e la tio n s h ip between th s a , and does i t stow as a a a t t e r o f law th a t th e r e f in in g company i s th e employer and C. A. S iro n i3 an independent c o n tra c to r f o r th e s a ls and d is t r i b u t i o n o f th e p ro d u cts o f th e company? ui a l l i e d o u a s tio n i s : Hay t h a t r e l a tio n s h ip be shown by evidence ind ep en d en tly o f th e c o n tr a c t, o r su p p le m ental o fo f th e c o n tra c t? I n o th e r words, may th e p l a i n t i f f shew th a t w hile the w ritte n c o n tra ct may f ix th e rela tio n sh ip of employer and independent c o n tra c to r between th e r e f in in g company and Dixon i n re g a rd to th e s e llin g and d i s t r i b u t i o n o f th e p ro d u cts o f th e company, never? th e le s a i t i s com petent to show by o th e r evidence t h a t th e re a r e o th e r co n tra cts and connections between th e p a r tie s which cre ate in regard th e re to th e re la tio n sh ip of p rin c ip a l and ag en t. The a p p e lla n t th e r e f in in g company has p la n te d i t s e l f sq u a re ly upon th e d e c is io n o f t h i s c o u rt in th e case o f Sams v . A rth u r, 1S5 S. C. 123, 133 2 . S . 205, in which th e c o u rt co n stru ed a c o n tra c t somewhat s im ila r i n i t s term s t o th a t in tro d u c e d i n t h i s c a se , end h eld th a t i t e s ta b lish e d between th e G ulf R efining Caapany and A rthur th e th e re la tio n sh ip o f employer and independent co n tra cto r, and th a t i t being th e d u ty of th e co u rt t o co n stru e ` R ew ritten in stru m e n t, i t was e r r o r n o t t o g ra n t th e m otion f o r d ire c te d v e rd ic t made i n b e h a lf of Gulf R efining Caapany. In our case th e t r i a l Judge refu sed to grant such a m otion, but in charging th e jury he gave th is defendant the f u ll b en efit of the d o c trin e o f th e Sams Case by ch arging th e ju r y in th e se words: * I charge you as to t h i s Memorandum o f Agrasat between Quid R efining Com p an y and C. A* Dickson I charge you i f t h a t i s a l l - i f t h i s contract is the only thing - i f th is contract, th is w ritin g , i s the page -8 - only th in g you fin d upon which to baso l i a b i l i t y again st the G ulf B efin in g CosEpany in tho c a se , you f in d a v e r d ic t f o r th e G ulf R efin in g Go. (E x h ib itin g E x h ib it " i" ) T h is p ap er h ere - you ta k e t h a t p ap e r in th e roosa w ith you - i f th a t I s a l l th a t th e p l a i n t i f f has - i f t h a t p ap er i s a l l t h a t th e p l a i n t i f f has a g a in s t th e G ulf R efin in g Company, you fin d f o r th e G ulf R e fin in g Company* i f th e r e i s no o th e r evidence i n th e ease to oonneet th e G ulf R efining Co., w ith th is case, except th a t, you f in d a v e r d ic t f o r th e G ulf R e fin in g Company," M anifestly h is honor recognized the con tro llin g force of the Sams Case, su p ra , and gave t h i s a p p e lla n t th e f u l l b e n e f it o f i t , S ut m a n ife stly , to o , he thought th e re was evidence i n t h is case, asid e frets th e c o n tra c t, which made i t h is duty to send the case to to th a ju ry on th e q u estio n whether th e d riv e r o f th a tru c k , by whose negligence in placing th e gasoline in th s tank i t is alleged the vaporised gash H i came i n c o n ta c t w ith th e flambeau and caused th e f i r s , was the ag en t o r se rv a n t o f th e r e f in in g company, even though i t appeared th a t he was iEzcediately employed by Dixon. I t would n o t have been p ro p er fo r the c o u rt to s ta te what th e evidence was which i a h is o p in io n showed a r e la tio n s h ip o th e r th a n th a t fix ed by the w ritte n co n tract; th a t might be held to be a charge on the fa c ts . I t would ap p ear t h a t th e c a se o f same v , A rth u r, su p ra, tu rn e d and was decided so le ly upon th e co n stru c tio n o f th e co n tract* The record dee a c t disclose th a t any o th er evidence o f the relatio n sh ip between t h a S a i f R e fin in g Company and A rth u r was o ffe re d i n th e c a se , except th a t i t appeared: That th e business o f A rthur was handled by him ac co rd in g to h is own m ethods, except as m odified by th e co n tra ct* The tr u c k belonged to him and th e d r i v e r was employed and d ir e c te d s o le ly by him . The ccrapany had a b s o lu te ly n o th in g to do w ith e i t h e r ." Is th ere evidence in th is present case, outside the w ritten c o n tra c t, which d istin g u ish ed i t from th e case of le ss? (1) There was introduced in evidence, over th e o b je c tio n of t~ = 3 S V I page -3- o the garage, promises by 1. 7. Tats to the G ulf defining Company, and written contract of lease from the refining company to A, L, McLanaban of the same premises. It was competent to show the ownership of the property* and the proceedings by which ilCLanahan was in possession of it. If the contract between the refining ecsnpany and iiclaaahsa eon* tainsd anything which threw light os the relationship betseon ths refining stmpaiff and Dixon, which would tend to. show that when "Dixon seat, on the evening of the fire* gasoline to HelanaMa is his ism truck driven, by hie era driver, he aae acting is obedience to instructions from, the refining company and as its agent* then the contract was ecrapeteat and relevant and was properly actuitied ia evidence. Does it contain such evidence? ^ 2 , 3) She c o n tra c t s t a t e s t h a t th e r e f in in g company does : thereby appoint M danahaa i t s cceamissioa agent to s o i l : .i t s p ro d u cts on commission th ro u g h th e s e rv ic e s t a t i o n le a se d by i t {th s r e f in in g company) i n th e town o f Calhoun J a i l s , The r e f in in g company c o n tra c ts to consign to Mdjanshan each q u a n titie s o f g aso lin e , lu b ric a tin g o i l , kerosene, and o th e r products of i t s goods as i a i t s Judgsent w ill be necessary to supply th e trade} and th a t i t would ex ercise reasonable d ilig en c e to keep ilcLanakaa supplied w ith the c c s s o a itie s as h is trad e may r e q u ir e . A. 1 KcLanahaa t e s t i f i e d t h a t whoa h s be;;an b u sin e ss under t h a t c o n tra c t they {Gulf R efining Caapeny) p u t i n a q u a n tity of g a s o lin e , o i l , e tc , and in s tr u c te d him t h a t when he wanted g a so lin e " n o t if y Mr* S to ry , t h e i r a g e n t," and ha would b rin g i t down. T hat Mr* S to ry was auecee&sd by Mr* Dixon* C le a rly , th s c o n tra c t was competent and re le v a n t* Ths Ju ry m ight w a ll deduce -from t h i s evidence t h a t i a d e liv e rin g th is g a s o lin e , Dixon, through th e egeaey of h is tru c k and h la d riv e r was c a rry in g o u t th e r e f in in g company's c o n tra c t to keep ncLanahstt su p p lied w ith g a s o lin e and in so doing he was a c tin g as th e company' b agent* And i t i s tr u e a s t o t h s co u rtesy c a rd gives, by th s r e f in in g oarapany t o Ur* T ate and f o r w hich c o lle c tio n m s made by Dixon} th e re ia nothing i a th e w ritte n c o n tra c t to re q u ire Dixon to make such c o lle c tio n s , and th e Jury would be J u s tifie d i a th e conclusion th a t Dixon was th e ag e n t o f th e company i n a l l o f i t buaiaesa* page -4 f (4) Tilers ia o th e r evidence from which the ju ry n ig h t in fe r t h a t th e d r iv e r o f th e tr u c k which d e liv e re d t:.e g a so lin e when th e f i r e occurred m s the ag en t of th e re fin in g ccrapany. In p la cin g the gaso lin e i n th e tank he was u sin g a fu n n el and hose which were th e p ro p erty o f th e r e f in in g coapany. l n der th e c c n tra o t Dixon was re q u ire d to fu rn ish a l l o f the implements and u te n s ils w ith which hs conducted h is b u s in e s s ; the Ju ry io i$ it m i l a s k why on t h i s p a r t i c u l a r occasio n he sh o u ld be u sin g th e u t e n s i l s o f th e r e f in in g company. I f i t was the d uty o f Dixon a s ag en t of th e r e f in in g company to supply g a so lin e to MoLanahan when he needed i t , and i a doing so he employed h is own d r iv e r and th a t d riv e r was n e g lig en t, th a t negligence m s a ttrib u ta b le to th e r e f in in g company. I t appears fu rth e r th a t by a rid e r to th e o rig in a l contract between th e r e f in in g company and Dixon which appears i n a e a aa u n ic atio n frega th e company t o Dixon, th a t w ith re fe re n c e to th e d i s t r i b u t o r 's c o n tra c t between him and th e ectnpeny " th e fo llo w in g c i r c u i t p o in ts w i l l be made by you * * * lo w n d e sv ille , i.lt* G aiael, H ester and Lanier.'* I t ia a le g itim a te inference in th e lig h t of th e evidence th a t th e r e f in in g company had e s ta b lis h e d f i l l i n g s ta tio n s a t th e se p o in ts under co n tracts s im ila r to th a t w ith olanahan; by which i t had bound i t s e l f to_keep th ese agencies supplied w ith gasoline and o i l , and by t e l e r id e r was in s tru c tin g i t s agent, Dixon, to serve them, ju s t a s he served MoLanahan. The warehouse from which Dixon operated m s re n te d by tbs r e f in in g company. On i t i s a s ig n w ith th e se words: 'D is tr ib u tin g Agency, G ulf K efining Company, ilerosene and High Grade G a so lin e .* The b i l l s f o r goods s o ld from t h i s p la c e o f b u sin e ss were made on b illh e a d s o f th e G ulf H e fln |* g Company. A ll these things c ite d had sens probative bearing on the q u e s tio n o f th e agency o f Dixon and made i t th e duty o f th e c o u rt to submit i t to th e ju ry . {Jif These c o n tra c ts are a r tf u lly drawn w ith a view to re lie v e th e corporation of any l i a b i l i t y of any s o rt a ris in g from any page -5- cause, and they c a re fu lly d ec la re th a t th e re i s no c o n tra ct o f agency between th e p a r t i e s . But th a t mere d e c la ra tio n does n o t make th e con tr a c t something o th e r than agency i f a proper co n stru ctio n of i t s ta n a s shows t h a t th e r e l a t i o n i s on i n f a c t o f p r in c ip a l and a g e n t. In th e case o f M eH eill V S le o tr io s to ra g e B a tte ry Co. 109 3 . 0 . 336, 86 S. 3 . 134, 135, th e court said* * I t la tru e the co n tract provided th a t th e r e l a t i o n o f p r in c ip a l and ag e n t ahoadl n *t e x i s t , h u t when th e p ro v isio n s Of a c o n tra c t make a c o n tra c t o f agency th e n i t i s a . c o n tra c t o f agency, and i t makes no d if fe r e n c e by what names th e p a r t i e s c a ll themselves." (6) I t may w e ll be doubted i f . th e re i s n ot i n th e c o n tra c t between th e r e f in in g company and Dixon i n t r i n s i c evidence o f a r e l a t i o n sh ip o f p r in c i p a l on th e p a r t o f th e r e f in in g company and ag e n t on th e p a r t o f Dixon, and if th e r e i s not s u f f ic ie n t d iffe ren ce between th is c o n tra c t and t h a t in Soma v . A rth u r, su p ra , t o j u s t i f y th e c o u rt in d eclarin g th a t th is case i s not co n tro lled by th a t. However, i t is not necessary to do so . There i s evidence dehors th a t c o n tra o t which properly took the case to the ju ry . I n 14 R. C. X. a t page 76 i t i s s ta te d , q u o tin g f r e e s e c tio n 13s "Tfhile i n a l l o rd in a ry tr a n s a c tio n s th e e x iste n c e o f th e r e l a t i o n o f co n tra c to r a s between two g iv en persona excludes th a t o f p rin c ip a l and agent, or m aster and servant, there is not n ecessarily such a repugnance between them th a t they cannot e x is t to g e th e r, and an employes nay be an independent co n tra cto r as to c e rta in work and y e t be a s e r e se rv a n t a s t o o th e r work f o r t h a t same em ployer. Thus an independent c o n tra c to r f o r th e c o n s tru c tio n o f a r a il r o a d may be a mare se rv a n t o f th e company a s to th e p u ttin g in of c ro ssin g s; o r a c o n tra c to r f o r th e c a rp e n te r work o f a house may be a s e rv a n t as to th e re sid u e of th e work. Bor does th e f a c t th a t th e re may be in tim a te business re la tio n e between the c o n tra cto r and employer and th a t th e former is the l a t t e r 's servant in other m atters necessarily e stab lish the dependency of th e co n tracto r in a p a rtic u la r case." Standard Oil Company v . P ark in so n ( 0 . C. A.) 152 ? . 631, 683. T "S S 3TATS 0 ? SOUTE CAROLINA. ; c c u s t t o f ma h l bq bo ; P e rso n a lly appeared b e fo re iae Edmund Lee who, b eing sc o rn , ssade th e fo llo w in g sta te m e n t: '. I a tw en ty -th re e y ea rs o ld . During th e y ea r 19S3 X was employed by g . How, manager o f 6 f i l l i n g s t a t i o n in B e n n e tta v ille , 1 a employed a t th e sense tim e aa the p la in tiff in a p re s e n t a c tio n a g a in s t th e s a id E* 5 . Rove, was employed. I was f u l l y co n v e rsan t w ith th e c o n d itio n o f th e g a s o lin e pumps a t jar. H o se's f i l l i n g s t a t i o n , and made fre q u e n t u se o f th e same s in c e I was employed to d isp e n se g a s o lin e and s o - c a l l Esso f o r far. Rowe. The mechanical;;--; c o n d itio n o f a l l th e g a s o lin e pumps was good, xhe pump which dispensed Esso was i n p e r f e c t c o n d itio n so f a r a s I could a s c e rta in ! I n ever n o tic e d any d e fe c t in i t w hatsoever* I t was ay d uty to u se t h i s pump and the others located on the prem ises, and i f there bad been any defect in th e sa id Esso pump, I should have n o tic e d i t . I am aware o f no d e fe c t w hatsoever in th e slid gauge o r knob c o n tro l o f th e Sseo pump, and can s t a t e a s a m a tte r o f p erso n al obser v a tio n th a t th e re was n o th in g wrong w ith th a t 3sso pump d u rin g th e e n t i r e tim e th a t I was ployed by K r. Rose a t th a t s t a tio n . I never heard any com plaint from any person reg ard in g the pumps. I was employed by i- r. Rowe a t th e tim e o f th e a lle g e d a c c id e n t to I was n o t p rese n t a t th e tim e o f the supposed o ccu rren ce, b u t I u sed th e Esso pus? b o th b e fo re and. a f t e r th e a lle g e d o ccu rren ce and can s ta te as a la attero f personal experience th a t th ere was no d efect in th e s a id pump to ray knowledge. f.tr. Howe made i t p la in to me th a t I -as employed by him p e rso n a lly and n o t by th e sta n d a rd O il Compeny o r any o th e r p a r t i e s w h atev er, so f a r a s I know t h i s amas un derstan d in g was g iv en to ev ery o th e r employee by fir* Howe* 1 never h eard any su g g e stio n from any employee th a t he was co rk in g f o r th e sta n d a rd oil Company,  r~" 2. ' During th e ti r o t h a t I *3 essployed by p r . Kowe I was j u r a re q u ire d o r ashed to e a r c lo th in g which was s a tu ra te d w ith g a s o lin e o r in u n s a n ita ry co n d itio n To th e c o n tra ry , 1 was always provided w ith d e a n uniform s and so f o r as X could observe, th e o th e r employees ere likew ise given clean clo th in g . p r io r to the time th a t I worked fo r p o se, I worked a t an o th er f i l l i n g s t a t i o n ru n b y v x , c. 1 . H ecom ack. `SSiero was no nozzle c u t-o ff a t r ,r . KeCoraaeks s ta tio n and th e re s t i l l Is aoas a t h is s t a t i o n , though .Hr. Hose has I n s ta l le d this d e v ic e . - worn to before e s th is 1 s t. day o f P ay, 1933* Horary Public fo r south C arolina. M U 41,6 ....