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&3 53" YORK TINIIrS • 1QEW' YORK PPOST ' New York, New York New York, New York ~ July 11, 1962 =. J1i<ly 11, 1962 y .,: CIGARETTE COErC•ERN :Smoker'S' ~ WINS CANCER CASE KANBABIGITY Mo, July 10 'Cancer Suit :'jAP) = A Fede.ral!Court Jury mer officer of the Better 13ud- ~nute9 after hearine three ind denbed a amoker's t251)„ nesa Bureau here, had sued tor, weeks of testimony and denied a 000 damage claim against'the ~~ ~ smoker's f23DJ~'darrtage claim Phillp Morrls Co. He lost' his voiee, box and against the Philip Morris Co. John T. Ross; 62, lost his other argans of his throat in John T. Ross, 62, lbst his voice Po~e'~x,and other organs of .an operation for the remov'at box and other organs of his ~~t in an operation for' of a cancer in 1932. He con- throat in an operation for m- ~ovai of a c•oncer in 19W.' • tended that hib long and ex• moval l af a, cancer ln 1952. He He blamed his cancer on Philip oluefve emoktng, of Philip Mor. blamed his cancer oniPttilip Mon ~r~ elgarets, saying he ria cigarettes had`caused the smoked them exdusivel; for he smoked tls clganets: sayfng cancer. y~ Tte attorney had argued that them e~tclusively for years. . Norman Knuth, foreman of , the wmpany a advertisin g !m 1Horrtlan Knuth foreman of ty,agaiastth- roat t _he jury,reported, the question the jml reported the question : plied a warran d of '=-lrrltation. Hee cotltmdad It ha whether oigaret amoking beenaegJigent in warningthat •bf' whetherr cigarett smoking m~ the cancerr was never -:. eaused the cancer was never a ben Ln fssue; as far as'the jury smoking its cigarettes ooultl lSsue as tar as the jury was eon- , uas comrerned He said jurma. dangeroua , Normaa Knuth, foreman. •eerned. He salfli jurors agreed ~eed neither they nor mrdi, ,ld fr theynor medical scietice sad the jury had agreerom neithe - ... --the. outaetttiat neither it nor could say what causes'cance4- _- - -• -lieihdi medica acnoee oould.sayd wt -~Thee jlurors heard'~ eontrac- aertainty what' caused eaneer: tory evidence from a number of'. : Lymsa~ Sle1d attorneq tor _., m~icallexperts.Mr. Ross, , sai dhe would ask'a t . .. . ^.:new. trlal, and~ aP,peal~ It tha . ~ .. eafl e: ~ - .. Contradictory medical ~ test3-~ mony, ha.;marked the three- .week~.trt+t_. - - -- ~ L~ ~? `~1 6 5 NEW YORK WOR3:D-TII.EGRYtT! AND SUN. New York, New York July 11, 1962 urY re!'ecfs srno r's c~~n.,e~ J . KANSAS' A[ed lioa for remaal r an, cr Norman Knuth jury foreman. CCIlY (AP) - eal court.t jury, deliberated 1 50 in 1952• He contended' his iong. said the 11 men and onee woman minutes'yesterday,and found the and Iexciusive smoking nf Philip agreed from the outset that Philip Morris Co. was nnt'tiable Morris dgarets caused the can- neither they nor medical science for a uncer, econtracted by a.~r• can say with anyeertain6y what flis attorney aruei e~ rnm- "~'the cause of cancer. Jtsaret Rmoker. _ n - t Lyman Field, attorney for John T. Ross, 62, a t~rmer of- P1 y~s advertisdnR tmp.dal x I Ross., said i he will ask for a ricer of the KanaasCity Betterr warrantyagaiwtst Ihrr:,,t' irrdta-•~ lxwsincss Bureau, sued for ~rn. He also contended it was new trial, and!will,appeal it'that ~1.~: nrr:irttnt in failing to warn thit' ;faiis. ' Rosshhst his vnice bnx and `ryr~''n6, itss cdga:ret cr>udd be~ntradietory. medicall testi- _ nth^rtliroatnrpan~ in an oparn- -~nncemus. - •~y was~~.theeenterpiece of the ebree-week tr;ali The Kansas City throat ape- ,eialist~ who arated Rou; and'the head of' a team of Mayc sur- g¢ons who removed :.'t'e cancer, . said they weree cnnvi: vad'~ srno:: ing prohal~ly caused it. Specialists testitying for the defense said th'ere.hasbeenno pr-.nt smokingg causess canccr... They made the pni.it the R..::: aancer was'.~+."tY° p1riform fossa area of' :ine thlroatl an area larg 'y tn-co_esibte to amc:ce: David Hardy, cir.ef'defense at, torney, maintair.~d t~e evidence demnnstrated l c':~•~~~-s do ra_ kn:av w'h'at r u:.- r:m:-r. Phi'i(ip~ Morris Swit . r~ a.wa'r`i r"rr ~:` Morris ~~~. ~M , pal solenoe eould say what the t. found today that the PEBtp Compat~y was not Lable T11g. owlg ~u'l - 1CA~~iSAS (*fTY, July 11.- oause on rxncer ie.~ tor, a' cancer contracted by a_ A Federal! Court jury t1Fllb I The jurors heardlcontr.dk+ cigarette emoker: -Kansas City, July ll (AP9-A erated 50 mfnutes' affkr hear- tory evideaoe from a parade of John T Rose 6E'yerold tor •federal eourt jury dellberated 50 tng, three weeka of testimony mertirat csperts., Q ~~