Wright v. Phœnix Utility Co.

It is to be observed that tbe plaintiff was not engaged in constructing tunnels, but that bis sole duty was to open sacks of cement. Necessarily cement dust would arise from sucb an operation.

Practically every phase of tbe law of removal bas been discussed by tbis Court in a long line of opinions;, and it is, therefore, unnecessary to “thresh over old straw.”

Tbe simple question is whether tbe record, in tbe case at bar, falls within tbe principles of law announced in Crisp v. Fibre Co., 193 N. C., 77, 136 S. E., 238, and Givens v. Mfg. Co., 196 N. C., 377, 145 S. E., 681, or within tbe…