Mutolo v. Utica General Jobbing Foundry, Inc.

Smith (E. N.), J.

For the purposes of the motion we must assume that the allegations of the complaint are true.

The defendant, an industrial corporation, operates a foundry in the city of Utica, manufacturing metal castings by the use of moulds.

The plaintiff entered the employ of the defendant in the year 1919 as a moulder and continued in such employment until the first week in October, 1935. The complaint alleges that on account of exposure to silica dust in the process of moulding and the operation of a sand blast in the plant of the defendant, and the defendant’s negligence in failing to…