Prattico v. Hudson Coal Co.

Opinion by

Mr. Justice Patterson,.This case is the first to come before us involving an action of trespass to recover damages for the occupational disease of anthro-silicosis, commonly known as “miner’s asthma.” When the jury empaneled to try the case disagreed and was discharged, defendant moved for judgment on the whole record pursuant to the Act of April 20, 1911, P. L. 70. The court below dismissed the motion, after argument, and ordered a retrial. This appeal followed.

The fundamental question is whether or not a plaintiff, who admitted he knew coal mining “must make dust,” has made out a…