Michalek v. United States Gypsum Co.

Whether the causes of action arose when the plaintiff inhaled silica dust particles, during the term of his employment by the defendant, or only when the disease of silicosis developed as the result of inhaling, is not an easy question to answer. But I believe that we are justified in following the decision of the Appellate Division of the New York Supreme Court in Conklin v. Draper, 229 App. Div. 227, 241 N. Y. S. 529, affirmed in 254 N. Y. 620; 173 N. E. 892, and regarding the last date of inhaling the silica dust as the time from which the statute runs for those causes of action that are…