Legal Opinion
Michalek v. United States Gypsum Co.
Court of Appeals for the Second Circuit
Decided March 18, 1935No. 288PublishedCited by 8 opinions
1Opinion of the Court
MANTON, Circuit Judge.
Appellant, employed in New York state by appellee as a miner for twenty years, left its employment in July, 1929. He commenced this suit for damages to his person, due to contracting silicosis, on February 19, 1934. Asserting by affidavit that the suit was barred by the statute of limitations, the appellee moved for its dismissal, which was granted.
The complaint pleads a cause of action based on the negligent failure of the appellee to provide proper safeguards and appliances to protect appellant from dust generated at the place of employment, appellant contracting…
2Cases cited24 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Marino v. . LehmaierNew York Court of Appeals · 1903
- Carroll v. . Staten Island R.R. Co.New York Court of Appeals · 1874
- Conklin v. DraperAppellate Division of the Supreme Court of the State of New York · 1930
- Koester v. . Rochester Candy WorksNew York Court of Appeals · 1909
19 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Minyard v. Woodward Iron Co.District Court, N.D. Alabama · 1948
- Woodward Iron Co. v. MinyardCourt of Appeals for the Fifth Circuit · 1948
- Miller v. United States Gypsum Co.Court of Appeals for the Second Circuit · 1938
- Augustus v. Republic Steel Corp.District Court, N.D. Alabama · 1951
- Michalek v. United States Gypsum Co.District Court, W.D. New York · 1936
3 more not listed; retrieve them via the Exa API.