The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1939-09-14
Judge Hughes Cites
Reasons for Vacating
Silicosis Case Auard

stomach or intestineS and peritonitS
was suspected. He was treated at the
hospital for few days, remained away
from work on the balance of the 9th
day of January and on the 10th, 18th
and 18th of January, when the pain
and hardness disappeared, and no
diagnosis was made as to what was
his ailment. However, in view of the
fact that it was subsequently estab-
liShed that the plaintiff was infected
with syphilis, it is the opinion Of the
doctors now that he then suffered a
gastric crisis brought about by the
Syphilitic condition of the spinal cord.
Subsequently, when admitted to the
Nopeming Sanatorium in the early part
of 1884, a blood test of the plaintiff
was made and it was found that the
WaSsermann test indicated Kline four
plus, which is indicative but not con-
elusive of syphilis. The plaintiff was
inquired of by the doctors at that time
as to whether he had ever had syphilis
and he denied it. In January or Febru-
airy of 1885 the plaintiff complained
that he was losing his voice, and on
the 10th day of February, 1885, sudden
paralysis of muscles causing what the
doctors call a bulbar palsy took place,
evidenced by his reorganization of food
and his being able to speak. About the
same time he developed what the doc
tors refer to as an Argyll
fxyIoinI Irbi1n II Snpc not lactrnJ
the sight results in fiXation so that
the eye cannot accommodate itself to
changes of light, etc, and both of those
were conclusive, or so considered by
the doctors, that the plaintiff was af-
flicted with syphilis. He thereupon
admitted that years before that he had
had a chancre, which is the beginning
of the syphilitic infection.
He also had tuberculosis, which he
had for some years prior to his entry
into the sanatorium, and, as his physi-
clan who testified for him in the case
said, 1T had probably existed since
adolescence" At the time he was re-
ceived into the hospital his tubercula1
condition had developed to such an
extent that he was incapacitated ano
that likelihood of a cure was slight
especially when his tuberculosis con-
dition was aggravated by the syphilitic
infection.
During the time that he was in the
sanatorium hospital record of his
case was kept by the doctors ano
nurses there, among whom was DR.
Hedberg, who testified in his behalf
and who was treating him during his
stay at the sanatorium, and such RECORD
fails to make mention of the tern
"silicosis" in any diagnosis that was
made of his disease, excepting. that ir
one instance the word "atypical sill.
COSTS" is used, which means not typica
of Silicosis. There was reference made
to pneumoconioSiS, which is a generic
term including all conditions of dus
where the word "pneumoconiosis" i
used it should be understood to NEAR
Silicosis. However, siderosis, which i
ore dust in the lungs, is included il
pneumoconiosis, and DR.. Hedberg adj
mits that the plaintiff had siderosi
and it might as well be assumed tina
the term 'pneumoconiosis'' referred t.
siderosis and not to silicosis. There i
no place in the record which I hav
found that indicates that in any dag
noSis made of the plaintiff while at tn
sanatorium a definite diagnosis of sill
COSTS was made.
i The doctors testified that the onl,