Birmingham v. M. & W. Mining Co.

The opinion of the court was delivered by

Burch, J.

The appeal in this case is from orders overruling demurrers to a petition and a motion to strike certain allegations, which motion was treated and ruled upon as a demurrer.

The action was brought to recover $55,000 as actual damages and $20,000 as punitive damages for personal injuries alleged to have been sustained by the plaintiff while working for the defendants in their lead and zinc mine located near Picher, Okla. The plaintiff alleges that he contracted fibrosis silicosis and tuberculosis as a consequence of having- inhaled silica dust in…