MAPES v. MASSEY-HARRIS CO.


19 F.Supp. 667 (1937)

MAPES v. MASSEY-HARRIS CO., Inc.

District Court, W. D. New York.

June 7, 1937.


Attorney(s) appearing for the Case

Benjamin J. Farber, of Rochester, N. Y., for plaintiff.

Harold J. Adams, of Buffalo, N. Y., for defendant.


KNIGHT, District Judge.

This action is brought to recover damages alleged to have been sustained by the plaintiff as a result of contracting the disease known as silicosis through the negligence of the defendant. Defendant moves to dismiss the complaint upon the ground that the court has no jurisdiction.

It is defendant's contention that the common-law right of action is superseded by the provisions of the Workmen's Compensation Law (Consol.Laws, c. 67). Prior...

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