# Martin Bros. Container & Timber Corp. v. Lynch

> Tennessee Supreme Court · May 31, 1977 · 551 S.W.2d 687

URL: https://www.frixlaw.com/law-library/cases/5047421

## Case

- **Full name:** MARTIN BROTHERS CONTAINER AND TIMBER CORPORATION v. Lillian W. LYNCH
- **Court:** Tennessee Supreme Court
- **Decided:** May 31, 1977
- **Citations:** 551 S.W.2d 687; 1977 Tenn. LEXIS 529
- **Precedential status:** Published
- **Opinion:** Dissent by Brock
- **Judges:** Brock, Henry
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5047421

## Opinion text

BROCK, Justice,
dissenting.
Regretfully, I dissent upon the ground that the evidence fails to show that the breathing of sawdust, the cause of plaintiff’s emphysema, is known to also cause silicosis, the listed occupational disease (T.C.A. § 50-1101) to which emphysema is said to be “closely related.” Such a showing is one of the two requirements laid down by this Court in American Insurance Co. v. Ison, Tenn., 519 S.W.2d 778 (1975) for finding that a given disease is one “closely related” to a listed occupational disease. I fear that with this decision we are slipping back to the chaotic hit or miss consideration of alleged “closely related” occupational diseases which Ison sought to correct.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5047421. Public record. Not legal advice.