Agostin v. Pittsburgh Steel Foundry Corp.

Opinion by

Hirt, J.,

Claimant had been exposed to a silica hazard in his employment with defendant corporation for more than eight years prior to January 20, 1938. After that date he was unable to work beeause of disability from silicosis. He did not have a compensable claim under the Occupational Disease 'Compensation Act of July 2,1937, P. L. 2714, then in force, because his disability was but partial. In January 1939, he brought an action in trespass against his employer in which a compulsory non-suit was entered against him, on the authority of Moffett v. Harbison-Walker Co., 339 Pa. 112,…