Oliver Wendell Holmes, Jr.

“ The plaintiff was injured on March 3, 1908. There was ample evidence that the blow occasioned the development of his disease, although it was not discovered to be the Potts disease, as it is called, for over a year. But it is argued that if such a disease is due to the presence of tubercular germs in a man's system before the accident, the defendant ought not to be required to pay more than it would to a normal man. ”

“ Lippert, 11 C. C. A. 521, 24 U.S. App. 176, 63 Fed. 942; Spade v. Lynn & B. R. Co. 172 Mass. 488, 491, 43 L.R.A. 832, 70 Am. St. Rep. 298, 52 N. E. 747; Smith v. London & S. W. R. Co. L. R. 6 C. P. 14, 21, 40 L. J. C. P. N. S. 21, 23 L. T. N. S. 678, 19 Week. Rep. ”