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DALE v. BALTIMORE & OHIO R. CO.

520 Pa. 96 (1989)

552 A.2d 1037

Howard F. DALE, Appellee, v. The BALTIMORE & OHIO RAILROAD COMPANY, a corporation, Appellant (Two Cases).

Supreme Court of Pennsylvania.

Decided January 24, 1989.

Attorney(s) appearing for the Case

David P. Helwig, John J. Repcheck, Sharlock, Repcheck & Mahler, Pittsburgh, for appellant.

Ralph G. Wellington, Gayle Chatilo Sproul, Schnader, Harrison, Segal & Lewis, Philadelphia, for Association of American Railroads and National Association of Railroad Trial Counsel, amicus curiae.

William R. Caroselli, Caroselli, Spagnolli & Beachler, Pittsburgh, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and STOUT, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

Howard F. Dale was employed as a pipefitter with the Baltimore and Ohio Railroad Company from 1944 to 1981. From 1945 until 1955 Dale removed asbestos impregnated insulation from steam locomotives. When Dale retired in 1981, he was totally disabled and was diagnosed by his doctor as suffering from asthma and asbestosis. The gravamen of Dale's complaint, brought pursuant to the...

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