Smith v. Harbison-Walker Refractories Co.

This is an action for damages, based upon defendant's alleged failure to comply with the requirements of Sections 13232, 13234, 13252, 13254, and 13264, Revised Statutes 1929. It is claimed that as a result of this failure plaintiff was caused to inhale dust containing silica and that he contracted the disease of silicosis. Plaintiff obtained a verdict for $11,041.66. Defendant appealed from the judgment entered thereon. After appeal was granted plaintiff died and the cause was revived here in the name of his executrix.

[1] Prior to the beginning of the trial plaintiff was permitted to file a…