Moffett v. Harbison-Walker Refractories Co.

Opinion by

Me. Justice Linn,

This appeal is from an order sustaining a statutory demurrer to plaintiff’s statement of claim which declared in tort for violation of section 11 of the Factory Act of May 2,1905, P. L. 352, 1 and for failure to furnish a reasonably safe place to work and to warn plaintiff of incident dangers, with the result that plaintiff was partially disabled by silicosis. The learned court below construed plaintiff’s statement as a claim for total disability, a point we think immaterial in disposing of this appeal; it sustained the demurrer and held that plaintiff’s remedy was…