Schmidt v. Merchants Despatch Transportation Co.

Taylor, J. (dissenting).

In six several actions orders and judgments have been entered striking out certain alleged causes of action and dismissing all the complaints. Plaintiffs’ contention is that they have contracted serious physical ailments, silicosis (or pneumoconiosis), from breathing silica (or equally deleterious) dust in factories operated by defendants in which plaintiffs have been employees. In general terms the various “ causes of action ” alleged are: (1) Negligence; (2) nuisance; (3) breach of contract to furnish a safe place to work and paraphernalia tending to produce safety;…