Allen v. Caterpillar Tractor Co.

EVANS, Circuit Judge.

The complaint contains three counts. The trial court held that each failed to state a cause of action. The second and third may be disposed of together. The gist of each is defendant’s alleged negligence. The correctness of the District Court’s ruling depends upon the holdings of the Illinois Supreme Court and their effect upon this court.

The Supreme Court of Illinois has held that an employee can not recover upon facts such as are alleged in these two counts; that is, for damages arising out of ■his contracting an occupational disease.1 See cases cited supra. On three…