Schwartz v. Heyden Newport Chemical Corp.

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Appellant contended that the Statute of Limitations commenced to run in 1957, when he first was able to discover an injury caused by a 1944 injection of a carcinogenic substance, and that a holding by this court as a matter of law that the actionable injury was sustained prior to that time would deprive appellant of due…