Arthur L. Summer v. Victor Chemical Works, a Corporation

This is an action for personal injuries instituted in the state court and transferred to the federal court upon ground of diversity of citizenship. There existed below allegations of the requisite diversity and an amount exceeding the jurisdictional minimum in issue. 28 U.S.C. § 1332 . This court has jurisdiction on appeal from the granting of a motion to dismiss the action'. 28 U.S.C. § 1291 .

In the complaint on file, it is alleged that during all relevant times, appellant was an employee in appellee’s chemical manufacturing plant in Butte, Montana. Appellee used phosphorus in its manufacturing business.

In April of 1959, appellant was working on the fourth floor of one of appellee’s buildings when he, appellant, was exposed to fumes emitted from phosphorus which was being processed in the furnace room of said building.

On January 14, 1960, appellant was again exposed to phosphorous fumes while in the employ of appellee.

Each exposure to phosphorous fumes was alleged as a separate cause of action by appellant; each with an ad damnum prayer for $305,000 and costs. Appellant alleged the injury was within the purview of the Occupational Disease Act of Montana, and that appellee…