The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1939-09-14

Judge Martin Hughes, in vacating the
jury award of STOPS to George Simon, in
his suit against the Oliver Iron Mining
company for $4,000 on the grounds
that he had contracted Silicosis while
working in the Pioneer and Sibley
mines, delivered lengthy memorandum
in which he infinitely reviewed the
testimony in the case.
In the trial of the original case before
Judge Hughes in Hibbing, testimony OF
outstanding physicians, who testified
that silicosiS is not contracted by en-
ployees working in the underground
mines of northeastern Minnesota. The
Jury deliberated for 2618 hours and
two of the jurors refused to sign the
verdict awarding Simon STOPS in
damages.
The case was appealed by the mining
company and a motion made to set
aside the original verdict. This motion
was heard several weeks ago and the
verdict set aside with a stay of 20 days
granted from August IL. In the men,
orandum, Judge Hughes says:
The plaintiff brought action to re-
cover damages on account of silicosis
which he claims he contracted while
working for the defendant mining COM
pany in its mines at Ely. He claims
that the ventilation statute was violated
by the defendant in that his place of
work was insuficiently ventilated and
that it was practicable to further VEN
tilate it. I am of the opinion that the
ventilation statute applies to mines such
as the ones in question here, and that
the question as to whether or not the
statute had been violated was properly
a jury question, and the determination
of the jury thereon is based on sufficient
evidence to support its finding.
However, I am not at all satisfied
that the evidence is sufficient to sus-
tain finding that the plaintiff con-
tracted SilicoSiS while working for the
defendant mining company, nor am ]
at all satisfied that he had silicosis at
all.
The plaintiff had worked at other
mines in the years previous to his en-
ployment with the defendant, the Sec
ton 30 mine in which he had worked
being on the Vermilion range and ap-
parently of like material to that in
the defendants mines. He also worked
in mines on the Mesaba range and was
employed for a period of some five OF
six months in the Zimmerman mine in
Michigan, where he was employed al
most exclusively in drilling and work
ing in rock. 1t is true that in Michigan
the drilling was done by what has been
referred to as a water liner and the
work done in the defendants mines or
the Vermilion range was done by dry
jack hammers.
Reviewing all the testimony, cannot
come to the conclusion that it has beer
established with any degree of certainty
that the plaintiff is suffering with
silicosis. There is no question but tina
prior to his employment by the de-
PENDANT in its mines at Ely the plaintiff
had had pneumonia, rheumatism, lum
bago, tuberculosis and syphilis 1t ap
pears that on the 9th day of January
1888, while working for the defendan
company he was brought to the Ship
man hospital at Ely in an ambulance,
suffering from severe pain in the lief
side of the abdomen and upon examin
alton by the physicians there it wa
found that the abdomen at the site o
the pain was hard, and diagnosis wa
made of probable perforation of tn