Johnson v. Concrete Materials Co.

The complaint of the plaintiff-employee seeks damages from the defendant-employer for negligence in failing to provide plaintiff with a safe place in which to work. It is alleged that as a result of such negligence plaintiff contracted the occupational disease known as pneumoconiccis or silicosis. The defendant moved to dismiss the complaint on the theory that it describes an injury by accident for which the Workmen’s Compensation Law, SDC 64, supplies the exclusive remedy. We granted an appeal from the trial court’s order overruling the motion.

The question presented is whether the complaint…