Stornelli v. United States Gypsum Co.

L. HAND, Circuit Judge.

• The defendant appeals from a judgment in an action to recover for injuries suffered by the plaintiff while in its employ. Its liability, if any, must be confined to the violation of § 417 of the New York Labor Law because that was all that the judge left to the jury. The plaintiff had worked in the defendant’s gypsum mine from some time in 1914 until April, 1930, as a “loader” or “driller.” His own testimony, confirmed by that of two fellow workmen, was that during this time, the drifts and headings .where he worked were constantly filled with clouds of dust caused by…