Chasen v. Astoria Light, Heat & Power Co.

Plaintiff’s reaching his arm beneath the belting and along the face of the revolving pulley to apply a cling material, so as to make the pulley engage the belting, was- incurring needlessly the obvious risk *943of his arm being drawn into the pulley. His own testimony, therefore, showed that plaintiff was not “in the exercise of due care and diligence at the time,” within Labor Law (§ 200),* so that at the close of the whole case defendant might properly have moved for the direction of a verdict. Although contributory negligence did appear, still it is not stated that the case as settled contains…