Heck v. Beryllium Corp.

Opinion by

Mr. Justice Cohen,

Plaintiff contracted a disease caused by inhalation of beryllium and, alleging defendant’s liability for the resultant loss, instituted this suit. The lower court after a jury verdict for the plaintiff, granted judgment *142notwithstanding the verdict. The trial court also found that a new trial would be proper and that the verdict was excessive, but it denied the motion for a new trial because it had granted judgment n.o.v.

Between 1939 and trial plaintiff resided within several miles of a plant of the defendant Beryllium Corporation. During that time, except for the…