Powers v. Porcelain Insulator Corp.

This is an action at common law wherein an employee seeks to recover damages for alleged partial disability on account of silicosis or other dust disease caused by the alleged negligence of the employer. The employer, after interposing an answer which admitted an employer-employee relationship, moved under rule 112 of the Rules of Civil Practice for judgment on the pleadings dismissing the complaint on the grounds that it failed to state a cause of action and that the court was without jurisdiction of the subject of the action. The motion was based on sections 66 and 72 of the Workmen’s…