171 F.2d 262 | 6th Cir. | 1948
Hercules Powder Company has appealed from a judgment on the verdict of a jury awarding appellee $8,000 damages for personal injury. The injury sustained by appellee was an occupational disease, contact dermatitis, resultant from exposure to concentrated acids while appellee was in the employ of appellant. His hands were seriously injured.
The record discloses that the verdict of the jury was grounded upon substantial evidence of negligence on the part of Hercules Powder Company as the proximate cause of appellee’s injury. Moreover, we consider that the jury was privileged under the proof to reject the defenses of contributory negligence and assumption of risk.
The principal argument advanced by appellant is that the action is
In Goodall Co. v. Sartin, 6 Cir., 141 F.2d 427, 435, certiorari denied 323 U.S. 709, 65 S.Ct. 34, 89 L.Ed. 571, we reviewed the Tennessee authorities, and held that a tort action was not barred by the Tennessee statute of limitation, where the action was brought by an employee against her employer for personal injuries caused by working in a room insufficiently equipped to remove impure air containing starchy dust, in violation of Tennessee statutes, within one year from the time the employee ceased breathing the dust. For further citations, see Holliston Mills v. McGuffin, 177 Tenn. 1, 145 S.W.2d 1, 146 S.W.2d 357, and Steiner v. Spencer, 24 Tenn.App. 389, 145 S.W.2d 547.
The unreported opinion copied into the reply brief of appellant, Hercules Powder Co. v. Brown
The judgment of the district court is affirmed.
No opinion for publication.