Document qazmkRnRq712dZQq0LrY37d9x

FILE NAME: Baldwin (BALD) DATE: 1940-1941 DOC#: BALD067 DOCUMENT DESCRIPTION: Legal - Lyons vs. Lima, Motions & Order ................ I -(C 3 ,. - !t f i i i f e i [ 0 `> \ .. v .v . : ' . :'H0. " 35472 V ' ;l',>i ;~V i;,`A\rh 1-V-.,'*`.VA' ' f %#rV..^' r . r intiff te ordered to of the disease,from petition that his ,which Plaintiff; " r ' . 1 ^ weakened as a ' ' . , oTvilafttorv tract became diBeae a .lungs, throaty defeniant. ; > Leliev. that this is a 3* r-esait - ^ -***y ^ a t alla^ ' .^ t i * -- -- on anSgatt r i l i f f a ^ i t i o n * -- -- - be required to character ^ ___ ,,hTsloianB night conclude if- ` ' * *tcommon)n"00 ' 'plaintiff had'contracted.' `^ ^ _ > %i ^ r6Splratory tract V W i !P-r 4l8eaS ' ^ required to adopt -.."t - " plitatlff knows that he has been inured oonnee ddiiaaggnnoossiiss iirroonn sannoonngg sseevverraall... _ w*h*ic*h aarreeaaffffeecctteedd , ax V and he knows the local! r v,ia injuries and the orgu=> , . . allegation would ' . -ih^ his.knowledge, W : r ': , f e '! '--i r"> i ' IN THE COURT OF COMMON; PLEAS, ALLEN COUNTY,,: OIELO 'I Fames D. Lyons, ' Plaintiff, .M vs. Lima Locomotive Works, nooi^oratedj^rVHn^-:.;. . i< ` /r\ T' A--* : No. 33472 DEMURRER. Defendant. Now comes the defendant, Lima Locomotive Works, Incorporated, and demurs to the petition of the plaintiff herein for the following reasons, to-wit: 1. That said petition fails to state a cause of action in law against this defendant* 2. That said action is tarred by the statute of limitations in such cases made and provided. LIMA LOCOMOTIVE WORKS, INCORPORATED, . By ( / o f t j L - . fiL-- Its Attorneys Section 11309 General Code of Ohio 30 Ohio LaW Abstract 211 33 Ohio Law Abstract 582 Amended Senate Bill 297 THE STATE OF OHIO, \ ss CERTIFICATE OF COPY AAlllleenn FCoouurnntyy,, J; _ ,tvs ,,,(o,e.. I, Anne E. Geifpr, r k f ^* eJ m t iW isa said Clfk's oftics. -- w, (SEAU a /<5,'C'C y.' "f-,-"' \fi v r s & b4./; 1ViW * ? - V ' K * .;'ai; . f t 'i^' rff%,. > t '' ' ? W . v 1 IN THE COURT OF COMMON PLEAS OF t.t.v m COUNT! OHIO James D, Lyons, The Id Strict, Tubrculo si s Hos Lima* Ohio, Plaintiff ) ( Lima Locomotive Works Incorporated, ( Lima, Ohio, ) Refendant 0 * 3 J 7 z 1211101 Plaintiff says that defendant is a corporation duly organised and existing under the laws of the State of Virginia and that it is duly authorised to transact business in the State of Ohio and has an office and place of business in the County of Allen, Ohio. Plaintiff further says that during the year 1925 he became employed by defendant and worked for defendant during the period from 19*6 to December 6th, 1928, Defendant is, and during all of ;the times mentioned in this petition has been, ehgaged in the manufacture of railroad looemotives and plaintiff's duties during his employment by defendant consisted first of riveting and thereafter of welding parts of said locomotives and locomotive tanks. In the performance of his work required of him by defendant, it was necessaiy for plaintiff to spend a great deal of his time on the inside of the locomotive tanks manufactured by defendant. It was also necessary for him to spend a great deal of his time grinding tools used by him in the furtherance of his work and i n using portable grinders both on the inside and outside of said locomotive tanks. The nature of the work which plaintiff was required to do, as well as the work being done by his fellow employees in the immediate vicinity of plaintiff, created large amounts of fine dust and gqses which plaintiff was forced to inhale and breathe into his lungs. As a result thereof, plaintiff on and after December 6th, 1968, became totally and permanently injured and dieabled. Hie lunge, throat 1 roepiratory tract became dleeaeed and weakened ,1th the reeult that he aae forced, on or dbout December 7th, 1968, to enter a hospital .h e r e ha etill ie and to giye up his employment* During all of eaid tlmee, he hae Buffered pain, weakness aod hae been unable to reet properly. He hae been forced to undergo treatmente by phyeioiane and hae become indebted for hoepital services and phyelci.no' eenricee in a large amount, the exact amount, of which ie not known at thie time, and will continue to incur ouch lndebtedneee. Plaintiff further aye that hie condition ie permanent and that he will never again be able to engage in a remunerative occupation. Plaintiff further eaye that the injuriee and damage herein before referred to, were due eolely and p r o x U a t e l y to the negligence of the defeodant in that it failed to furnleh him with a cafe place in which orkj it failed to iUrnlah him with applianoea which would prevent him from inhaling the poioonoua gasee and duet while he wae engaged in .hie em ployment although ouch appliance were available to defendant; it failed to properly ventilate the place, in which plaintiff wao r e t i r e d to work, and it Ordered and required plaintiff to enter into clooely confined' .pace, which were filled with poioonouo and ncxiouo fume, dust and gases. Plaintiff further says that as a reeult of the carelessness and negligence of defendant as aforesaid, he has been damaged, as herein- . before alleged, in the sum of Seventy-Five Thousand Dollars 76,000.00) WHEREFORE, plaintiff prays judgment against defendant in the sum of Seventy-Five Thousand Dollars (*76,000.00) and his costs. (Jules J. Pilliod 402 Home Ban* Building) (Ritter & Dougherty, 610 Home Bank Building) Attorneys for Plaintiff 7 2# sr-- v era .: TrOe . TnO" r * Sj > J| \ 'N4 ,, ^ _ K > . Ui STATE OF OHIO ALLEM COUNT* I I I 03 J&mee D* tyona being first duly swprn, says that he is the plaintiff in the above entitled aotion and that the statements and allegations contained in the foregoing petition are true, as he verily believes* Q-vu? j Sworn to before me and subscribed in my presence this ft of December, A.D* 1940* Notary Public, Allen County, Ohio Fornir n:srr.?,mT My CaaiUc Espira 7> THE STATE OF OOHHIIO, SS Allen County/. 1 CERTIFICATE OF COPY I, Anne E. Geigar, Clerk of the Courts wi'htn r.nd for the afore said County and State, do hereby w rT v that tho "ng in a true and oorract copy of the original docnrornt no.v on iiie in said Clerk's office. IN WITNESS WHEREOF, I hevo here U!>'o V'?' fT'V hrind find SyiJL or snd Gaud oU.irHQ, O: iio .(SEAL) day of A.D. 19 J p ? A N N K pA l G C d_____ By. /TthBaputy 5 IN THE COURT OF COMMON PLEAS OF ALLEN COUNTY, OHIO. JAMES D. LYONS, V ' Plaintiff, ) tA>, .. ') vs. ) LIMA LOCOMOTIVE WORKS, INC., .) Defendant. * ) * * . No. 34,^72 , JOURNAL ENTRY OVERRITLTMrt MOTION TO MAKE DEFTNTTF AND CERTAIN This day came on for hearing the defendant's motion to make plaintiff's petition definite and certain, and the court being fully advised in the premises finds that said motion is not well taken and that the same should be and it is hereby overruled* IT IS, THEREFORE, ORDERED AND DECREED that the de fendant's motion be1 overruled. It is f,urther ordered that de- fendant file its answer herein within two weeks from date hereof. Approved byx Judigge of the Court of Common Pleas of Allen County, Ohio. torneySor Plaintiff. Attorney for Defendant. 1yj^TE0F0HI0, \ SS j CERTIFICATE OF COPY I, Anne IS Geigar, Clerk of the Courts within and for the afore said County and State, do hereby certify that the foregoing is a true and oorroct copy of the original document nor; on file in IM WITNESS WHEREOF, I hnve hore  / / -A V.. ' ; <A it % ( \ I A i-t>. , V 1 's , a ;-'.'4 :t *y i 1 I' f vl ->1 * -* Vv *i-' \ w a O V v v v ;;3 : ? ,?'..c -i.' .M , ? , i *< t &*: '-'i'Sr'r-J : T ' . :y ; r* ' - ' f c t Jr `'-''>;v ' , ^ .4'" >,{>f! :' '.';v;i^' . ' V-^; -y-: vTV;'-V' V4;' . ! . c;- >^: '*'`-'':-.'V'-J, 1'V ' is '-: V ' f ^ . ^ C r - -l * , *bi. T$r * ', \ T- j t *V ^ . , , 4 - ' 'i-vi.',,Ci.jV \ - i ^i 1> ; ** * > v:i + y :~{-\i:-:s A:' ^ t ** \ * > ), f < ft r N*-V\ ` ' -/ r.*rvA`i?' ` % j > * ' ^ it* \ - . * p fv V ji ;'i j^ J r -* *} % rf ** * * i ,W , V 1 1 i X > ' A - y v + w 1 < <';t:Us^VXs` M Vi < * Jt , v . * *%* ' r.fw ^ A*** *1 .'-a '- a i v ;AV * ^ Vj'V'.* v/>; <i: . "A ' H ' : . *??><*.'> >..,*V ^ stew?':* >u i A - A " * * ^ >\ " ^ ' ' i*f6 HIf.* U~*\**il** *> ' **H 4 * * lit *v'* ^ ~*2* *1 A . >.#: . - `A :i? A V ; m -' V v y V. -, ' # ^ 7t /; k*J#? *-*i. A'\. r.,i> ... -'v"V.-.-V-"U' 'J:,!i ist:; ir,' ... - r : V.S-. ;j-. ! IN THE COURT OF COMMON PLEAS OF ALLEN COUNTY, OHIO James D. Lyons, ) The K3iiati4i^j.TUb?^rculosis Hospital, ) Lima, Ohio, ( ) Plaintiff ( , . i'; i < -V S -- . 'o ; (-id. -p< <.<].!<,"?i..y . ) (i Lima Locomotive Works Incorporated, (. Lima, Ohio, ) ( Defendant ) noJ j l ^ Z z P E T IT I O N Plaintiff says that defendant is a corporation duly organized and existing under the laws of the State of Virginia and that it is duly authorized to transact business in the State of Ohio and has an office and place of business in the County of Allen, Ohio. Plaintiff further says that during the year 1925 he became i , employed by defendant and worked for defendant during the period from 1925 to December 6th, 1938. Defendant is, and during all of the times mentioned in this petition has been, engaged in the manufacture of railroad locomotives and plaintiff's duties during his employment by defendant consisted first of riveting and thereafter of welding parts of said locomotives and locomotive tanks. In the performance of his work required of him by defendant, it was necessary for plaintiff to spend a great deal of his time on the inside of the locomotive tanks manufactured by defendant. It was also necessary for him to spend a great deal of his time grinding tools used by him in the furtherance of his work and in using portable grinders both on the inside and outside of said locomotive tanks. The nature of the work which plaintiff was required to do, as well as the work being done by his fellow employees in the Immediate vicinity of plaintiff, created large amounts of fine dust and gases which plaintiff was forced to inhale and breathe into his lungs. As a result - r ~r thereof, plaintiff on and after December 6th, 1938, became totally and permanently injured and disabled. His lungs, throat and respiratory tract became diseased and weakened with the result that he was forced, on or about December 7th, 1938, to enter a hospital where he still is and to give up his employment. During all of said times, he has suffered pain, weakness and has been unable to rest properly, He has been forced to undergo treat ments by physicians and has become indebted for hospital services and physicians' services in a large amount, the exact amount of which is not known at this time, and will continue to incur such indebtedness. Plaintiff further says that his condition is permanent and that he will never again be able to engage in a remunerative occupation. Plaintiff further says that the injuries and damage herein before referred to, were due solely and proxi-'iately to the negligence of the defendant in that it failed to furnish him with a safe place in which to work; it failed to furnish him with appliances which would prevent him from inhaling the poisonous gases and dust while he was engaged in his em ployment although such appliances were available to defendant} it failed to properly ventilate the places in which plaintiff was required to work} and it ordered and required plaintiff to enter into closely confined spaces which were filled with poisonous and noxious fumes, dust and gases. Plaintiff further says that as a result of the carelessness and negligence of defendant as aforesaid, he has been damaged, as herein before alleged, in the sum of Seventy-Five Thousand Dollars ($75,000.00) WHEREFORE, plaintiff prays judgment against defendant in the sum of Seventy-Five Thousand Dollars ($75,000.00) and his costs. 2. T'\-' V V<v? V;' '.'ivy STATE OF OHIO ALLEN COUNTY :. : t ss James D. Iyons being first duly sworn, says that he is the plaintiff in the above entitled action and that the statements and allegations contained in the foregoing petition are true, as he verily believes. itnA&s. X. Sworn to before me and subscribed in my presence this Jl day of December, A.D. 1940. Notary Public, Allen County, Ohio FO K Ea T 11 S C riE U lT My Commission Expires March 7, 1911 i IN THE COURT OF COMMON PLEAS OF ALLEN COUNTY OHIO James D. Lyons, St. Rita Hospital, Lima, Ohio, -vs- ( ) ( ) Plaintiff ( ) ( Lima Locomotive Works Incorporated, ( Lima, Ohio, ) ( Defendant ) UQ.3 3 V / 2 , P R A E C I FE To the Clerki- Please issue summons in the above entitled action for the defendant, Lima Locomotive Works Incorporated, directed to the Sheriff of Allen County, Ohio, and returnable according to law. Endorse same - "Action for money onlyj amount claimed Seventy-Five Thousand Dollars ($75,000.00) and costs." o tAebsyf-qLg_ J/i~r Attorneys for Plaintiff7 / Si1' '.-..1\\ y u #i ..Wifiaa: ' W E STATE OF OHIO. \ Ai'jjMj '"'ity, J CERTIFICATE OF COPY , said Ciefk's office. (SEAL) .... . |Mw it n e s s wVHEflFO1',I ,. u.<o sei -rwFend - 1 Of SI3C day of uft ofrLtr.'e. Oit o .... \ 0 M .A.0.19^ .IQEEL eputy L1m :.jA -'a' <-) M-:- SUMMONS G eneral Code* Sec. 11281, 11883 The State of Ohio, Allen County. . To the Sheriff of said County: . You are hereby commanded to notify-- Lima, Ohio . . Common Pleas Court i PJL9 . 9 9 5 _X9. 9 9 9 * S9 ^e^ ^ t h a t __ Ji______ _________ been sued by--AQTM??-._D ._J^oris in the Court of Common Pleas of said A L L E N C O U N T Y , and must answer by the ------- A ih _____ day o f ______________________________ A . D . 19ffY___f or the petition of . ' ' * , . said plaintiff w ill be taken as'true and judgment rendered accordingly. ' ' ' . v, ' ' Said Sheriff w ill make due return of this summons on the : ________day o/__^eeem ber_______1 9 M -- ' THE STATE OF OHIO, 1 ^ CERTIFICATE OF COPY A!!enCUQry' ^ I, Anno E, Geiciar, Clerk of the Courts-wklitn and for the afore said County and State, do hereby certify that th foregoing is a true and oorract copy of the original document now on fife in said Clerk's office. ` . IN WITNESS WHSREOF, I have here ' utifo s rr.y h-px! and affixed fire aeal (SEAL) ' df'sisriCouitaii Lima, CWo this / s L , ay - __ A.D. 19 EE- ^C!e ByX N u d '* O h c a U fry w ; W I T N E S S my hand and seal of said Court, this __ _2 nd_ day 0f ,, D e c e m b e r ____ . 7 ^ . J. L. S c h n a b e l