McGuire v. Sherwin-Willliams Co.

BRIGGLE, District Judge.

Simon McGuire sued the Sherwin-Williams Company in a common-law action in the District Court for injuries to his health, growing out of the inhalation of stone dust while employed by the defendant, and due, as he asserts, to the failure of the defendant to warn him of the dangers and to furnish proper appliances for his protection. Defendant challenged the sufficiency of the complaint by a motion to dismiss, and from an adverse ruling thereon, followed by judgment, plaintiff appeals.

The complaint alleges that defendant, in its manufacturing business, maintained two…