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19 NACCA 25 NACCA L. J. 2d Cir accident affirmed applied automobile award breach Buerger's Disease Building causation cause of action child Circuit claim claimant common-law common-law marriages contract contributory negligence County Court of Appeals damages death act death action decedent decedent's decision defective defendant denied disability District Court doctrine driver duty employee evidence federal FELA fendant fracture harm hospital husband implied warranty indemnity injuries sustained instant Jones Act judgment Justice longshoreman loss loss of consortium malpractice manufacturer mental NACCA Law Journal Ohio operation opinion pain and suffering personal injuries plaintiff privity railroad reason recover recovery res ipsa res ipsa loquitur rescue rescue doctrine result reversed risk rule settlement ship shipowner sovereign immunity stare decisis statute stevedoring Street strict liability suit Supp supra Supreme Court tion tort tortfeasor trial court truck unseaworthiness wife Workmen's Compensation wrongful death York