ALLEN v. CATERPILLAR TRACTOR CO.

No. 6326.

96 F.2d 937 (1938)

ALLEN v. CATERPILLAR TRACTOR CO.

Circuit Court of Appeals, Seventh Circuit.

April 19, 1938.


Attorney(s) appearing for the Case

William Schwartz, of Cleveland, Ohio, and Clyde C. Trager, of Peoria, Ill., for appellant.

Frank T. Miller and Eugene R. Johnson, both of Peoria, Ill., and Ralph F. Potter and Leslie H. Vogel, both of Chicago, Ill., for appellee.

Before EVANS and TREANOR, Circuit Judges, and LINDLEY, District Judge.


Plaintiff seeks to recover damages suffered by him through inhalation of dust containing silica against which defendant, his employer, failed to protect him.

As such employee he alleges that he was required to work in a factory operated by defendant, where there was much grinding of metals and particles thereof filled the air which he breathed; that he was not warned of the dangers arising therefrom, but on the other hand was assured that no harm would follow the...

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