New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-20
i'll FROM TR|CH|NOS|S,
FAMILY SUES PACKERS
Rich Manufacturer Also Brings
Action Against Armour & Co.
on Charge OF Negligence.
$4,000 TOTAL DAMAGES
Edward g. Heimerdinger Alleges
Customers Must Be Protected
from Parasite in Pork
Calls Disease Incurable.

Edward c. Heimerdinger. rich man.
ufacturer of wCmen's costumes, has
brought suits against Armour & Co. the
Chicago packers. demanding damages, on
the ground that Mrs. Heimerdinger and
their three children were infected with
trichinosis through eating diseased pork
put on the market by the Armour firm.
Five different actions have been
brought i'm the United States District
Court, Mr. Heimerdinge" said yesterday.
The papers were filed with the clerk on
Saturday The Heime~dinger family is
represented by Charles Dushkind, and
each member OF the family demands
$1,000 damages.
The action Of Mr.. Heimerdinger. who
was not affected directly. was brought
for loss Of the services and association
of his wife while Mrs. Heimerdinger and
each one of the three sons sued for dam
ages and amounts expended for medical
care
III Twelve Weeks.
The pork was consumed by the family
on January ], and not long afterwari
symptoms Of trichinosis developed. For
twelve weeks Mrs Heimerdinger and her
sons remained under medical care until
the acute stage of the disease was sub
dued
They are not cured and never can be, y
said Mr.. Heimerdinger. II have been
Informed by the medical authorities that
trichinosis is incurable. and that there
is no telling when another acute out
break may come"
Mr.. Heimerdinger made it plain tina.
he would not rest until measures had
been taken to minimize the danger OF
such infections i'm more certain manner
than by leaving il to the consumer 10
have his pork cooked long enough to
sterilize all trichine that might be in it.
lie is director of the George c. Helm
erdnger Company, Of No. 1871 Madison
avenue, and lives at No. a East S9th
street
Before the suits were brought Mr.
Heimerdnger communicated with Ar
mour & Co. in desire not to press the
matter if the packers should show they
had taken all possible precautions to pro-
toct customers A letter TO this effect
written by Mr.. Dushkind. brought re-
ply from the counsel for Armour e. Co
which said in part.
Trchina, as YOU know, is parasite com
mon TO pork, and can be detected only by
4 microscopic examination which. Of
course, we do not make. We might say for
your general information that a hog in
fected with trichina appears Just as healthy
a one not so infected, and the presence OF
such parasite cannot be detected from any
ordinary observation Of the hog alive OF
the customary post mortem examination
rhe Bureau of Animal Industry some years
ago made quite an extensive study of this
subject. with view of making an inspec'
ton therefor under the meat inspection law
II was decided that, as trchna was found
in so few carcasses, the expense of making
microscopic examinations of every carcass
would be far i'm excess Of any good derived
from such examination.
Negligence in Issue.
Although based on the meat inspection
law the actions brought in the federal
court rely upon the common law more
than existing statute. The principal al
legation OF the complaints is negligence
on the part Of the packers in protecting
consumers. On this score each complaint
says:
II is a matter OF common knowledge, and
the defendant well knows. or. in the eXer-
else Of ordinary care, should have known
that hogs or swine are frequently subject
10 infection with certain parasites known
as triehina and that the pork of the hogs
OF swine so infected is unWholesOme,
diseased and poisonous and extremely
dangerous to the health and life of persons
eating or partaking Of same. and would
cause the person eating or partaking OF
same 10 become seriously sick and iii and
infected with a certain disease known as
trichinosis as a result OF which his life
WOULD become mperlled and endangered
Ry proper tests. examinations and inspec-
tions OF such hogs or swine either before
killing or OF the carcasScs, thereafter, the
nresence NJ such infection. disease or para
Sites in the hog can be readily discovered
and detected
The complaints then say that Armour
& Co. failed 10 make proper inspection
o. the pork shipped to this city.
Mr.. Dushkind said his client was de-
termined to carry the case to the Su-
preme Court Of the United States if nee
essary.