National Dairy Products Corp. v. Durham

Felton, Chief Judge.

Our ruling is confined to the sole issue argued in appellants’ brief, i. e., whether there was sufficient evidence to authorize the finding that the defendants’ negligence caused an acceleration and aggravation of a pre-existing embryonal carcinoma of the left testicle, resulting in the eventually fatal spread of the disease throughout decedent’s body.

Supporting this causal relation is various medical evidence, although not uncontroverted or absolutely conclusive. Dr. Edwin McDowell, decedent’s personal physician, testified substantially as follows: That a collision such…