Mnich v. American Radiator Co.

This is an appeal from a summary judgment dismissing plaintiff’s amended complaint in a silicosis action. The complaint alleges a cause of action based upon statutory duty. The allegations of the amended complaint which are pertinent to this appeal are:

“ That for several years from approximately 1924 to and including August 31, 1935, plaintiff was employed by the defendant in the ■ factory and workrooms of the defendant in various capacities. * * *

“ That plaintiff continued in the employ of the American Radiator Company subsequent to August 31, 1935, until approximately April 23, 1937, and…