Howard v. Texas Owyhee Mining & Development Co.

The cause of action upon which appellants seek to recover accrued prior to the enactment of the Occupational Disease Compensation Law (Chapter 161, 1939 Session Laws).

There is only one question necessary to be determined in the above entitled action, namely, is the contracting of silicosis by appellants an occupational disease incident to or the result of the particular employment in which appellants were engaged, or is it a personal injury by accident arising out of and in the course of their employment. Each of appellants became afflicted with silicosis, or their affliction was accelerated,…