Dean v. Dalton Foundries, Inc.

Flanagan, J. —

This is an action instituted by appellant, Paul H. Dean, against the appellee, The Dalton Foundries, Incorporated, to recover damages for an alleged occupational disease contracted by him through appellee’s negligence.

The complaint is in two paragraphs. The first paragraph charges that appellant became afflicted with pneumoconiosis, and the second paragraph charges, in addition thereto, that by reason of the weakened condition of his respiratory tract, because of the pneumoconiosis, he also contracted tuberculosis.

Liability is asserted under the Indiana Employers Liability Law,…