Smith v. Garside

OPINION

By the Court,

Badt, J.:

Plaintiff below, appellant herein, commenced a common-law action for damages by reason of becoming afflicted with a chest infection which developed into idiopathic pericarditis and then into systemic lupus erythemotosis, all alleged to result from the negligence of defendants in failing properly to heat the building where she was employed. At the conclusion of plaintiff’s case, the court granted defendants’ motion to dismiss under Rule 41 (b) NRCP. This appeal followed.

Defendants, plaintiff’s employers, had accepted the provisions of the Industrial Insurance Act,…