Brooks v. Gilman Paint Company

delivered tbe opinion of tbe Court.

This is a workmen’s compensation suit and tbe applicable section is T.C.A. sec. 50-1101. A1 Davis Brooks died in December, 1959, about one month after he began to have trouble from coughing and wheezing on account of exposure to dust but bis death was not due to tbe exposure to dust but was due to cancer wbicb was aggravated by tbe exposure to dust. Tbe trial judge dismissed the petition and tbe widow has appealed and assigned error.

Tbe theory of tbe petitioner’s right to recover is stated in tbe brief in substance to this effect. It is not a suit to recover…