Legal Opinion
Mapes v. Massey-Harris Co.
District Court, W.D. New York
Decided June 7, 1937PublishedCited by 3 opinions
1Opinion of the Court
KNIGHT, District Judge.
This action is brought to recover damages alleged to have been sustained by the plaintiff as a result of contracting the disease known as silicosis through the negligence of the defendant; Defendant moves to dismiss the complaint upon the ground that the court has no jurisdiction.
It is defendant’s contention that the common-law right of action is superseded by the provisions of the Workmen’s Compensation Law (Consol.Laws, c. 67). Prior to September 1, 1935, silicosis did not come within the provisions of the Workmen’s Compensation Law of the state of New York. By the…
2Cases cited3 opinions
- Scheerens v. E. W. Edwards & SonNew York Supreme Court · 1929
- Mutolo v. Utica General Jobbing Foundry, Inc.New York Supreme Court · 1936
- Sandonato v. Carborundum Co.District Court, W.D. New York · 1936
3Cited by3 opinions
- Pershing Quicksilver Co. v. ThiersNevada Supreme Court · 1944
- Foley v. Western Alloyed Steel Casting Co.Supreme Court of Minnesota · 1945
- Ligiecki v. E. I. Dupont DeNemours & Co.District Court, W.D. New York · 1942