Tobacco Documents Online

~ NEW ,YOF2K HEtL1LD TRIBTNi THE " d YORK TINIES tew York, New York York, New York €tust 3, 1960 z August g 1960 ~ , ay + v-ti' ~9s ~ N p i t , c NE:d YORK POST ~ New York New York r August 3' 1960 `.' .faneer Death - jury Ltrtks Cancer can To6 cco 4ompany, the cig- ' T , m. Ln.. u e Lah,s lnn.ht< AN~.~w~ uit Won , by ' _ " To Smoker's Death deat~i. :Thejury ans+cered yes on the q eauo [ „u • A 1 ~~. [. :. . , ~ •_, ,~;' y [[rsr [n ee obacco Firm ar :nm a e~.~ the last kL, MIAMIl,Fia:, Aug 2 A Fed-, A court offictal said the bsolved in thati jury's verdict indicated that it ruled toda '4"' `: >t - t • l C y ovr lury et a .. " ' ~~ ~ ,;.~Ju Refuses to Flnd /~ `' ~ . a Miami man had died aa~ a felt that the danger ob eigar• ;/ aneeDeath ~ Manufacturer Liable result of smoking cigarettes forl ettesin causing eancerwas.no yt ~thirt years. It refused,, how- knoa•n eufftcientlyin Febtvary, ~ r s cancer Green' y 1956-when Mr • "°MIAMA Aug. 2 tIJPII -A M eveq to hold the cigarette man was - discovered-to hold the to = i= todap ~Federal~cotuY~litrlruled' • L ^ Mtaml Fla Aug AP) - ?' 3 ( liable c an th d D , . ., , . y. . ,,- acco, omp ea ~acturerliable for his 1 ,,.;t+hat a Miami man died as a ;~~The decisloncame after~ This posed the legal question SmokingIs et.least.a factor In ~ :;result of smoking cigarettes for lengthy consideration of a of whether the verdllct served'•lung eancer„a federal juryhas I thirty years but refused to hold ~ notice on cigarette "manufac- decided, but 1t refused to blame ,. ~.theAmerican Tobacco Co $1,500,000 damage suit filedby turers that they might be held the cigaret maker., ~n , liable for his death.. _ the estate of Edwm~ P.. Green, liable in the future. The jury declined yesterday- 1 1'3„_The decision came after 'who died at 49 in 1958oflung~ The jury began moree than to assess anyy damages against ~ 'aengthyy consideration of a jl- -. cancer.. Itt was the first time ten hours of deliberation last, the American Tobacco Co. The 800,000 ~ damage suit filed by - such a suit, directly attacking mght atter hearing two, weeks ~tate of Edwin Green, who ~ of testimony that. included a - the estate of Edtctn P. Green, a tobacco manufacturer on the died of lung cancer, had asked forty-nine• who died in 1958 of s"orn statement madc by Mr more than $1,000,000. c ~ ground that cigarettes had Green before he dled. ~ , lungcanar. ~.. . caused Itmg cancer, had gone. The eontractor~'a widow teetf •" The plaintifi contended Green - It 9ras the.flrat time such a to - - fled that her husband'sdeath - developed, cancer of thee left a jUry. •~ ;tult,.s directly attacking a to- :a.~e juryrulcd on four ques- had been caused; aEleast in lung as a heavysmokecfor 30 \ .' bacco manufacturer over the part, by his smoking two to years of the flrm'§ Lucky dispute claim that cigarettes ; y tions tvhelher Mr. Grecn had m~ packs of cigarettes a day Strikes,~ with an occasional may cause lung wncer, had lung canccr:,whetherlung can- for thirty years. switch to other brands when he gone to a jury: . .., cercausedr his death7'whetherIn the concluding arguments,. couldh?t get tiischoice. Green, - The jury ruled on four Ques- ~ the lung cancer was caused by an attomey for the tobacco himself, actually started the 'ttona:uhether Mr. Green had his emoking.LuckyStrike cig. companyy said a Judgmentt suit before his death. '.~ lung cancer::a^hether lung can- - arettes, and'whettierthe Ameri-agaust thedefendant wouldAfnerican Tobacco: challenges -` aer.caused his death: w•hether~ sound, "the death knell of thee lung cancer as cause of Green'a industry" by opening a rash of death at age 99'in 1938. It also the lung cancer was caused by ' ' damage suits. disputed' that smoking causes for ~irGreenU his smoking Luck Strike ci rn a- '- Th t[ ,.,. g o ey 7 e a c ancer. tes• and'~ whether the Amer- estate told thee jury it was the - n Tobacco Co. was liable for ' first to.judge such a case be- Proximate Cause ~ ~~~ttitttsss.deatlt,, f`cause"everyobstruction~inthe •... . R~.annln. ra..n t ... .- . ~~' '~ t' ~- worl4,nas~ Deen Vuc~ in tne way. 'The jury answered yes on4he ~'° `°°° s`•••••6 ..... . .• first three questions, but no -•-- ' - - Elecenof thee jutrors smoke ~ on the last. Eleven of the jurors I cigarettes. _ _ A sin,ilar dantage suit against . are cigarettet amekers, The - ~ the Liggett &5tyers. Tobacco twet[thdcesnot smoke. Company at Pittsburgh ended .. A court of5cial said the jury's in May when the judge ordered '~ verdlct'.lndicated it felt that'the a directed verdict against the "- danger of cigarettes tn eausing~' plantiff in a FL250.000damage -' cancer was not known suID• suit filedby Otto Pritchard, a . et.nttvdn'Tnhnurv. to5s_mh.n ,~Pittsburgh, cabinet maker. Mr. ~ - rn[c~nara con~cuueu n v.. n....,., ~t• % ~ ...•,...w ,~., „ . .~. ------ . ~ ~ ~ .. .. . ...,. '~ ~ ~ tracted lung cancer~ from smok- .....,.•,.,. n.tit. . . . . - . _ I .,,b. ...,~.,....,...,. a ------- --• ns ~,~.. legal question of .vhether the 'verdict servesnoiice on eiga- - ~rette manufacturers thatthe7 mig*t be held liable in, the . future. , , . - E Weeks of Testiiaony The jurybegan motL than - ten hours of deliberation lastt night after hearing two weeks of ttstimony, that.included a sworn statement made by Mr. Green before he.diede first to judge such p case be- The contratKar'! a•idow tta- cause '•ec•eryobstruction,in the ' " Company Sees Vindication Alfred F. Dowden, vicepresi- dente of the American Tobacco Company, said IastnigFit: •"It is gratifying that the firstt juryto: decide a lung cancer case.has.returned a verdict In favor of ourr company. Testi- monv bvdoctors and scientists during the trial.brought.out.the fact.tlint thetheory ofcigar- ettesn,oking as the cause of cancer of the lungis not sub- stantiated! '•tio one knows th'e.causeor titled her husband sdeeth .raa world has been put Inthe way ' eaused• at least in part, by his of, thee case getting this far.'- smoking two to three packe of A similar damage suit against eigarettesadayiorthirtyyears. Liggett&MyersTobaeco Co. In the concluding arguments, at' Pittsburgh ended in May attorney for the tobacco when the judge ordered a ~nmpany said a judgatentdirected: verdict of acquittal, against the defendant would •tossing out a 81•250•000 damage sound "the death~ knell, of the suit flled by Otto Pritchard, lndustry" by opening a.rashot Pittsburgh cabinet maker. Mr. damage auits.. Pritchard contended he con- Claims Obstruction tracted lung cancer from The attorney for Mr..Green'asmoking Chesterfield cigarettes estate told, the juryit was the for twenty-five years. - eauses.ofs cancc~^ of the llmg or any kind of, hunman~cancer and'~ the: ansvverr wiil be found; onl~• in the laboratortesof~scientists." irm ~ ;>r The jurp•, found lesterday, after eight hours deliberation, that Green+s smoking was "a proximate causes or one of~the proximate causes of the develop-f menYof cancer in his lettlung.' . It ruled„ however, that the manufarturer could not be held responsiblee prior.to the cancer diagnosis Feb. 1, 1936, for .knowledge of any danger in- volved in smoking the ctgar- ettc It was brought out In the trial that Green did not smoke again after the cancer diagnosis. ` The jury~'sverdict was termed gratifying by Alfred F. Bowden, vice president of American To- bacco. Bok•den said,. "testimony by doctors and scsientists during the trial brought out the fact that the theory . of cigaret smok- Ing as.sthe.cause of cancer of the lung is nsot substantiated.. Earlier Case "No one knows the cause or causes of cancer of the lung or any kind of't human cancer and the answer will be found only In the laboratori'es of scientists." An earlier, similar case, In Pittsburgh,. Pa., resulted in a directed. verdict. Otto Pritchard, 61, sue& the Liggett & Myers Tobacco Co. for $1,230,000, al- •legingth'e company's Chesteo- Selds were hissteady'clgarets days of testimony. _ : for 29'years prior to his 1953 operation for lung cancer. U. S. District. Court'Judge John L. S1i11er ordered the jury to return av erdict in favor of the company after hearing 20 ~