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WOODWARD IRON CO. v. MINYARD

No. 12425.

170 F.2d 508 (1948)

WOODWARD IRON CO. v. MINYARD.

United States Court of Appeals Fifth Circuit.

November 12, 1948.

Attorney(s) appearing for the Case

B. J. Dryer, of Birmingham, Ala., for appellant.

D. G. Ewing, of Birmingham, Ala., and W. E. Brobston, of Bessemer, Ala., for appellee.

Before McCORD, and LEE, Circuit Judges, and MIZE, District Judge.

McCORD, Circuit Judge.

A. F. Minyard sued Woodward Iron Company, a corporation, claiming damages because of an alleged failure to furnish him, while employed by defendant, with a safe place in which to work; it was charged that as a proximate consequence plaintiff developed a dust disease of the lungs known as silicosis. By amendment at the trial, the complaint consisted of only one count, which claimed damages for aggravation or acceleration of the disease during...

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