Appellate Division of the Supreme Court of the State of New York March 11, 1908 (Huber v. Whale Creek Iron Works)

Woodward, J.:

The plaintiff was injured while operating an emery wheel used for polishing iron castings in defendant’s plant. The plaintiff’s version is that he was set to work upon the polishing machine by the defendant’s foreman; that the latter took down the wheel, consisting of a wooden core surrounded by a leather belt or strip, on which glue and emery dust was placed from time to time, and