Cavanaugh v. Murphy Varnish Co.

At the outset the petitioner’s case proceeded on one of two theories, either that a condition of pulmonary tuberculosis was caused or aggravated by the lifting of a can of paint, which caused a strain in his chest, or in the alternative, the dusty atmosphere of the room where he was working caused him to cough, which coughing it was claimed brought on the hemorrhage. The latter theory was abandoned during the course of trial as it appeared from the petitioner’s own medical witnesses that coughing would not produce a pulmonary hemorrhage or light up a latent condition of pulmonary tuberculosis.