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The Occupational Diseases act is designed to ameliorate harmful and dangerous working conditions and is humanitarian in purpose. It is contended that those words in section 1 which are under fire, "reasonable and approved devices, means or methods for the prevention of such industrial or occupational diseases as are incident to such work or process," do not meet the requirements of "due process of law," but are vague, indefinite, and do not furnish any intelligible standard of conduct to be observed by employers. The precise point of differentiation in some instances is not easy of statement, but it will be enough for present purposes to say, generally, that the decisions of the court upholding statutes as sufficiently certain rested upon the conclusion that they employed words or phrases having a technical or other special meaning well enough known to enable those within their reach to correctly apply them, HygradeProvision Co. In substance, the remaining grounds of defendant's motion were that the complaint did not state a cause of action under section 1 of the act, but if a cause of action is stated it would be under section 2 and would be governed by the Workmen's Compensation act; that plaintiff had neither a common law nor a statutory remedy, because the complaint shows on its face that she was not an employee of defendant when the disease affected her, and also shows on its face that suit was not filed within two years next after the cause of action accrued. The trial court sustained the motion for judgment on the single ground that plaintiff's claim was governed by section 2 of the act.

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Like all statutes, it should be sustained as a valid enactment if this can be done, and it should be declared to be unconstitutional only if, after the rules of construction are applied, it is found that the legislature has gone beyond its powers or has failed to enact an intelligible and valid law. It is alleged that plaintiff, as such employee, was thus subjected to danger of illness and disease incident to such work to which employees in other lines of employment are not ordinarily exposed, and that radium's harmful results are anemia, rarefaction of the bones, alveoli of the jaws, and other bone complications and disorders. It is alleged that particles of dust, consisting largely of radium, were thrown off, and that plaintiff inhaled, swallowed and otherwise took into her system these particles. The precise point of differentiation in some instances is not easy of statement, but it will be enough for present purposes to say, generally, that the decisions of the court upholding statutes as sufficiently certain rested upon the conclusion that they employed words or phrases having a technical or other special meaning well enough known to enable those within their reach to correctly apply them, HygradeProvision Co. The suit was dismissed and plaintiff appealed. The trial court sustained the motion for judgment on the single ground that plaintiff's claim was governed by section 2 of the act. Her work was painting dials with a luminous paint. The paint used contained radium, to which substance and its effects the stipulation of the parties has limited this case. This department conducts prosecutions for violations of the act. In substance, the remaining grounds of defendant's motion were that the complaint did not state a cause of action under section 1 of the act, but if a cause of action is stated it would be under section 2 and would be governed by the Workmen's Compensation act; that plaintiff had neither a common law nor a statutory remedy, because the complaint shows on its face that she was not an employee of defendant when the disease affected her, and also shows on its face that suit was not filed within two years next after the cause of action accrued. In some of the cases the statutes involved were upheld; in others declared invalid. The rule to be applied in determining whether a standard of sufficient definiteness and certainty is contained in a statute was stated in Connally v. Sherman, , ; Omaechevarria v. The complaint charged that defendant carelessly and negligently failed to provide reasonable and approved devices, means or methods for the prevention of such occupational diseases incident to the work in hand, but permitted air surrounding the plaintiff while at work to be impregnated and saturated with dust containing radium; that by reason of the conditions described under which plaintiff was compelled to work, and as a result of such negligence of defendant, plaintiff contracted anemia, rarefaction of the bones, etc. The defendant prayed a cross-appeal, and since the constitutionality of section i is questioned the case comes here directly. The complaint alleged that long prior to, and in May, , defendant was manufacturing illuminated dials, etc. The Occupational Diseases act is designed to ameliorate harmful and dangerous working conditions and is humanitarian in purpose. It is contended that those words in section 1 which are under fire, "reasonable and approved devices, means or methods for the prevention of such industrial or occupational diseases as are incident to such work or process," do not meet the requirements of "due process of law," but are vague, indefinite, and do not furnish any intelligible standard of conduct to be observed by employers.

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3 thoughts on “Dialco”

Maugal

09.12.2017 at 10:12 pm
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The suit was dismissed and plaintiff appealed.

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