Foley v. Western Alloyed Steel Casting Co.

Peterson, Justice.

This case is here on appeal from an order overruling the demurrer to the complaint with the necessary certificate that the question decided is doubtful and important.

The gist of the complaint is that plaintiff’s intestate, John C. Foley, had been employed by the defendant from June 1, 1929, to June 80, 1948, “as a swing grinder” in its foundry; that as a result of defendant’s violation of statute (Minn. St. 1941, § 183.10 [Mason St. 1927, § 4059]), decedent was exposed to and inhaled smoke, steam, gases, dust, and small steel particles, with the result that in 1934 he…