TRACEY v. M. & S. COAL CO., INC.


165 Pa.Super. 569 (1949)

Tracey v. M. & S. Coal Company, Inc., Appellant.

Superior Court of Pennsylvania.

November 15, 1949.


Attorney(s) appearing for the Case

E. Mac Troutman, with him Penrose Hertzler, for appellant.

Thomas L. Kennedy, Jr., with him Thomas B. Noonan, for appellee.

Before RHODES, P.J., HIRT, DITHRICH, ROSS, ARNOLD and FINE, JJ. (RENO, J., absent).


OPINION BY DITHRICH, J., November 15, 1949:

Claimant in this workmen's compensation case admittedly is totally disabled due to anthraco-silicosis. He had worked most of his life as a miner exposed to a silica hazard. In 1945, when he was about sixty years of age, his employer gave him a lighter job as "topman" tending a conveyor belt in the mine. In that position there was, according to claimant, "plenty of it," meaning dust. The attending physician testified that...

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