Zajkowski v. American Steel & Wire Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; D. C. Westenhaver, Judge. Action at law by Mike Zajkowski against the American Steel & Wire Company. To review a judgment for defendant, plaintiff brings error. We understand the theory of this action to be that it is one to recover damages arising under conditions calculated to cause and causing an occupational disease.
Read the full summary
In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; D. C. Westenhaver, Judge. Action at law by Mike Zajkowski against the American Steel & Wire Company. To review a judgment for defendant, plaintiff brings error. We understand the theory of this action to be that it is one to recover damages arising under conditions calculated to cause and causing an occupational disease. The case was disposed of below upon the pleadings and the opening statements of counsel. The petition, a very long one, in substance states: The plaintiff, as an…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). [1] In the view of the learned trial judge, the Workmen’s Compensation Act (102 Ohio Laws, p. 524) gave to defendant immunity from any right of action that might otherwise have accrued to plaintiff under the facts alleged in his petition. Laying that act to one side for the *11present, we think the petition states facts constituting a cause of action for damages due to an occupational disease which was incident to the work plaintiff was performing. Diseases of occupation have been the subjects of much concern and investigation both abroad and in our own…
2Cases cited7 opinions
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Fox v. Peninsular White Lead & Color WorksMichigan Supreme Court · 1891
- Pigeon v. W. P. Fuller & Co.California Supreme Court · 1909
- Thompson v. United Laboratories Co.Massachusetts Supreme Judicial Court · 1915
- Wagner v. H. W. Jayne Chemical Co.Supreme Court of Pennsylvania · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Sol A. Dann, John H. Neville and Louise A. Turek v. Studebaker-Packard Corporation, Harold E. Churchill, Hugh J. Ferry, and A. J. PortaCourt of Appeals for the Sixth Circuit · 1961
- Daniel Robert Ryan v. Ohio Edison CompanyCourt of Appeals for the Sixth Circuit · 1979
- American Maize Products Co. v. NichiporchikIndiana Court of Appeals · 1940
- Triff v. National Bronze & Aluminum Foundry Co.Ohio Supreme Court · 1939
- Levin v. NielsenOhio Court of Appeals · 1973
26 more not listed; retrieve them via the Exa API.