Plank v. R. J. Brown Petroleum Co.

* NOTE: Opinion filed at October Term, 1932, April 20, 1933; motion for rehearing filed; motion overruled at May Term, June 12, 1933. This action was instituted by plaintiff to recover damages for alleged personal injury and disease which he claims to have sustained while employed by defendant petroleum company. The theory of the action is that plaintiff's alleged injuries and consequent illness or disease directly arose out of and resulted from conditions maintained and permitted by defendant company in violation of Section 13252, Revised Statutes 1929, which requires:

"Every employer of…