Smith v. Western Electric Co.

DOWD, Presiding Judge.

Plaintiff appeals from an order dismissing his petition on the ground that it fails to state a claim upon which relief can be granted.

The petition seeks an injunction to prevent plaintiffs employer from exposing him to tobacco smoke in the workplace and from affecting his pay or employment conditions because of his medical reaction to tobacco smoke. The petition alleges that by allowing smoking in the work area, defendant permits its employees to be exposed to a health hazard and thereby breaches its duty to provide a safe place in which to work.

Plaintiff contends the…