O'Leary

In these two actions, consolidated for trial and appeal, damages were sought for the illness and death of Michael D. O’Leary, alleged to have resulted from the inhalation and absorption of noxious fumes. The fumes were inhaled and absorbed, it was alleged, while O’Leary was spray-painting the radial gates on the spillway section of Tiber Dam near Chester, Montana. The painting was being done in connection with the construction of the dam for the United States Bureau of Reclamation.

The plaintiff in both actions is Louise J. O’Leary, who sued as widow, guardian of the minor children, and executrix of the estate of Michael D. O’Leary. The original defendants were James & Wuaderlich, a joint venture which was the general contractor for the construction of the dam, and the two parties to the joint venture, Guy H. James Construction Company and Wunderlich Contracting Company.

During the presentation of plaintiff’s case it was shown that prior to the commencement of the suits the joint venture had been dissolved and its assets had been distributed to the parties thereto. James & Wunderlich was accordingly dismissed from the case at the close of plaintiff’s-evidence. Defendants Guy H.…