Lajiness v. Yaeger

Plaintiff’s petition for declaration of rights, submitted to the Monroe circuit in chancery, was dismissed on motion of the defendant municipal pension board. * Plaintiff appeals.

Plaintiff alleges that he was and is a member of the “City Pension Plan” of Monroe, which “plan” was established as and remains a part of the Monroe city charter; that on August 11, 1944, he was engaged as a Monroe city fireman in fighting a fire according to duty; that in the course of such duty ho “breathed into his lungs poisonous gases that were injurious to human tissue, including the tissue of the lungs;” that…