Genesco, Inc. v. Greeson

Eberhardt, Judge.

The contentions of defendant’s general demurrer are twofold, viz., (1) that this court should take judicial notice that “pneumoconiosis” is caused only by inhaling mineral and metallic particles; and, (2) that plaintiff assumed the risk of his employment.

In support of its first contention, the defendant cites a number of medical authorities of which the following definition of pneumoconiosis is illustrative: “A disease of the lungs caused by the habitual inhalation of irritant mineral or metallic particles.” Webster’s New International Dictionary (3rd Ed.) (Emphasis added).…