State Ex Rel. Wilson v. North East Fire Brick Co.

The appellants, dependents of a workman whose death is alleged to have been caused by silicosis, after having had their claim under the Workmen’s Compensation Act, Code, 1924 Ed. and 1935 Supp., Art. 101, disallowed, have filed this suit at common law against the employer, with an allegation of negligence on its part causing the fatal condition. The employer pleaded in bar its full compliance with the Act, and the plaintiffs filed a replication that the injury and death were not covered by the Act. The sufficiency of this replication was denied by demurrer, the demurrer was sustained, and…