Perez v. Blumenthal Bros. Choc. Co.

Opinion by

Mr. Justice O’Brien,

Appellee commenced an action of trespass against appellant, his employer, alleging that appellant had violated its duty to protect the health and safety of appellee, its employee. Specifically, appellee alleged that he was exposed to heavy dust produced in a grinding operation, and that this, together with injurious fumes caused by the high temperatures associated with appellant’s operation, caused him an aggravation of a latent tubercular condition and a preexisting pulmonary emphysema and severe bronchitis.

The case was heard in a nonjury trial resulting in a…