Grutzius v. Armour & Co. of Delaware, Inc.

The sole question which requires consideration on this appeal is whether the.validity or merely the construction of section 3 of the Workmen’s Occupational Diseases act is involved in the litigation, within the contemplation of section 75 of the Civil Practice act. So far as relevant, section 3 (Ill. Rev. Stat. 1939, chap. 48, par. 172.3, p. 1587) provides: “Where an employee in this State sustains injury to health or death by reason of a disease contracted or sustained in the course of the employment and proximately caused by the negligence of the employer, unless such employer shall have…