Document zQ9JrvjrkRpBej1M69x5ZpYn

FILE NAME: Norfolk & Southern - WC Case - Ancel Wheeler (NS) DATE: 1951 DOC#: NS011 DOCUMENT DESCRIPTION: Legal - Complaint and Summons of Ancel Wheeler Norfolk & Western sun; a CIV?L ACTION " ^=IV.. ... li.c. tan-re-iT , ^ n jfo. L5 Rev. *&. t 4-** ' DISTRICT COURT OP THE UNITED STATES \ * **\ r.i.I * FOR THE "S1OUTHERN D,ISTRICT OF OHIO V/aatara DIVISION J., CIVIL ACTION FILE NO. 27AO .Cincinnati- SUMMONS endant *VJ_ J* 1 , v--v the-at ive naked Defendant: . r//...Vr' You are hereby. summoned and required to serve upon Philip A. "V Cohett `.:p! dntiff'a attorney, whose address is 6 E. Fourth Street, i-.'-V7", .Cincinnati/2,^ Ohio, an answer to the complaint which is herewith sorvedTupoa you';' within .v- twenty.! X v K r-:: > > ; ,. summons.'. pon*you, -exclusive of the i'.x *,,. ', ' <V'i-`9* "\*'* . - {v. "to'.do so,. Judgment by default will i "* v-'1 relief-.d nardedin- the complaint. .m-iVV; ..-.'ii- . - ' K! -if'.\v t ' -V- days:;after service of this day of service. If you fail- . be taken against you f"or t"he Howard E. Parker rv Clerk of Court ~ Bv /a/ Charles (Illegible)* Deputy Clerk. ! Date: -October 18, 1951 /Seal of Court~~7 :. Sufficient funds on deposit with \ Clerk to cover, service of this writ. NOTE.-This summons Is issued pursuant to Rule A of tho Federal Rules of Civil Prc edure. o IK THn UNITED `'TiI ? DI fl' IT COUilT VOlt Tir-] SOUTH1:;lili Li1 .71111L . 0/ OHIO ist.silRN Division ANCEL WHEELER, ) Plaintiff ( -vs- ) NORFOLK & WESTERN RAILWAY ( CO., a Corporation, Defendant Civil Action File No. 2740 COMPLAINT .Plaintiff avers: 1. This action arises under and the jurisdiction of this .Court i8.'ba3ed upon`the provisions of the Act of Congress of Apiril 22, 1903, 35 Stat. 65, Chap. 149 and amendments thereto, commonly known as the Federal Employers' Liability Act, 45 U.S.C. Secs. 51 et seq., as hereinafter more fully appears. ,2. The defendant is a railroad corporation duly organ- /I'ized'.land''existing under and by virtue of the laws of the State of Virginia, doing business within the jurisdiction of this Court as an.interstate common carrier by railroad. During all of the times herein mentioned, defendant owned and operated an engine shop at Portsmouth, Ohio. 3. On and prior to January 9, 1951, plaintiff was employed by the defendant in defendant's engine shop at Portsmouth, Ohio, and his duties consisted chiefly of repairing defendant's inter state .engine :by removing and replacing asbestos on the boilerB and in'grinding, mixing and repairing asbestos for that purpose. 4* Defendant caused" and permitted said work to be carried on in a small room with Inadequate openings and Improper ventila tion and-in such a manner as to causa the air to be laden with asbestos dust and failed-to provide plaintiff with any mask, filter or ether moans of preventing such duBt from being inhaled by plairtiff. 5. By reason of defendant's negligence in thus cau and permitting said work to be done in a small room with i quata openings and improper ventilation and in such a mann to cause tha air to be lndon wit! asbestos dust, and in fa to provida plaintiff with a mask, filter or other means to prevent the inhalation of such dust, plaintiff was caused to inhale large and excessive quantities of asbestos dust and to suffer great physical and mental pain and eventual total physical disability, and to suffer from asbestosis and diathragmatic striction and pleural effusion, 6. Prior to these injuries.plaintiff was a strong, able-bodied man, capable of earning and actually earning substan tial wages. By these injuries he has been made incapable of any gainful activity, has suffered great physical and mental pain, has lost and will continue to lose earnings he would otherwise have acquired, and has Incurred and will incur expense for medicine, medical attendance and hospitalisation, WHEREFORE, plaintiff demands judgment against the defend- I *1 ,* ant in the sum of One Hundred Fifty Thousand Dollars ($150,000,00$. . Cohen & Baron . Cohen & Baron 6 E. Fourth St., Cincinnati 2, Ohio . - - Philip A. Cohen Philip A. Cohen 6 E. Fourth St,, Cincinnati 2, Ohio Fuerst k .Fuerst Fuerst & Fuerst 543 Society for Saiings Bldg. '*. . t Cleveland 14, Ohio ' ,, Attorneys for Plaintiff Pursuant tb provisions of Rule 38 of Civil Procedure, plaintiff hereby demands a trial by jury, . Ill T1IE TOUTED STATI'S DISTniCT C0TO1T l-'On TUB SOUTH:-.RH DISTRICT GT OHIO KI33TERM DIVISION ARCED TOECLKR, ) Plaintiff ( vs ) 1TCRFOLK h WESTERR RAHWAY ( COoij a Corporation* ) Defendant ( ) Civil Action Pile Ho. 2 1 * 4 0 COKPIAIET Plaintiff avorns 1. Thin action arises under and the Jtirirdlctlon of this Court. Is based upon tho provisions of the Act of Congress of April 22 1908 35 Stat. 65a Chap. li$ cad amendments thereto* ccsaaonly known aa.the Federal Esploysrn* liability Act 1$ TJ.S.C. Secoa 51 eVseq.a aa heroinoftor more fully eppearo. 2 Tho defendant is a railroad corporation duly organ ized and oxisting under and by vlrtuo of tho laws of the Btcta ef Virginia* doing business within tho jurisdiction of tills Court as an Interstata ccanon carrier by railroad. During nil of tho tinea heroin mentioned* defendant owned and operated cn engine shop at Portsmouth* Ohio. . '3"' Cn and prior to January 9a 19i plaintiff was employed-by the defendant in defendant *a engine chop at Portsmouth, Ohio* and his duties consisted chiefly of repairing dofendant'a interstate engines bjQrcmoviug and replacing asbestos on tho boilas and In grinding* raising and repairing asbestos for that purpose !{.. -Defendant caused end permitted sold work to be carried on In a small room with inadequate openings and Improper ventila tion and in such a manner as to cause the air to bo laden with asbestos dust and failed to provide plaintiff with any mask* filter or other means of preventing ouch dust free* being inhaled byplaintiff. - 2- Ja By reason of defendant*s negligence In thus causing and pemitting said work to bo done in a small roon with inado- quate openings and improper vontllatlon and in ouch a manner as to eauso the air to be ladon with asbestos dust and in failing to provide plaintiff with a marl: filter or othor neons to prevent the inhalation of such dust plaintiff was oauaod to inhale large arid excessive quantities of asbestos dust and to suffer great physical and eontal pain and eventual total physical .. . disability, and to suffer from asbostosis and diathragnatlo atriotion and plaural effusion. 6. Prior to those injuries plaintiff was a strong abtLe-bodiod nan capablo of earning und actually earning substun- tial wages. B7 those Injuries he baa boon made incapable of any gainful activity, has suffered great physical and mental pain has'lost and will continue to loso earnings he would otherwise i ** * * * ' , have, acquired,'and has.-incurred and will Incur expense far mediaine mediae! attendance and hospitalisation. rKEREFOPE, plaintiff demands judgment against tho defond- ant i n tlie even of One Hundred Fifty Thousand Dollars ($l0000,00). *fr- 3 ^ Eohon ti Baron ., Fourth St. cinnati.2, UOihio o) 6 L Cchen E Ryfarth St. Cincinnati 2,^0hio Attorneys for Plaintif: Pursuant to provisions of Buie 33 of Civil Procoduro plaintiff hereby demands a trial by Jury, -- I-- JL