Adams v. Uvalde Asphalt Paving Co.

Hasbrohck, J. (dissenting):

The employer, the Uvalde Asphalt Paving Company, operated a plant at Williamsburgh, N. Y., to prepare asphalt for paving. It employed the claimant, a colored man, there as a laborer and as the result of his employment the dust of the work covered him to such an extent as to almost make him appear white.

On December 14, 1921, he was given to understand he was laid off at eleven-thirty A. M. Whether the claimant so understood it, we do not know. He remained on the premises of his employer to eat his lunch and after having eaten it he undertook to clean himself up to…