Augustus v. Republic Steel Corp.

HUTCHESON, Chief Judge.

Filed November 8, 1949, to recover damages for silicosis resulting to plaintiff in 1944, from defendant’s failure to provide a ventilation system as needed in its mines, the suit was in two counts.

In Count One, sounding in contract, plaintiff, as third party beneficiary, sought to recover for breach of a collective bargaining agreement entered into between the defendant and the International Union of Mine Mill and Smelter Workers, on behalf of and for the use and benefit of local unions of which plaintiff was a member.

Count Two was in tort.

Defendant, urging in effect…