Howard v. Texas Owyhee Mining & Development Co.

AILSHIE, J.,

Dissenting — It is admitted in this case and so found, that “the accident” occurred prior to the enactment of “The Occupational Disease Compensation Law” (chap. 161, 1939 Sess. Laws).

In Foote v. Hecla Mining Co., 62 Idaho 79, 108 P. (2d) 1030, this court said:

“Between the antipodes of silicosis as an occupational disease and its accidental contraction .... is a zone wherein, depending on the particular circumstanes of the case and accidental features, or the absence thereof, affliction from silicosis will or will not.... justify compensation.” In the Foote case, authorities were…