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November 23, 1935


JAMA. 1935;105(21):1712-1714. doi:10.1001/jama.1935.02760470066039

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Pneumoconiosis Following Inhalation of Limestone Dust; Employer Not Liable.—  Christopher had been an employee of the defendant company, which operated a rock quarry and stone crusher. After he had been so employed for a year, ill health compelled him to quit work. Two months later he died. The plaintiff, administrator of Christopher's estate, sued the defendant company, alleging that death was caused by the inhalation of limestone dust. From a judgment dismissing the petition, the plaintiff appealed to the Court of Appeals of Kentucky. The plaintiff alleged that the harmful and deadly effect of the inhalation of limestone dust and small particles of limestone rock was unknown to his intestate, Christopher, but was known to the defendant, Christopher's employer, or that the defendant could have known of it by the exercise of ordinary care, and that the defendant negligently compelled Christopher to work in the dust and small particles of

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