Miele v. Rosenblatt

Headnote

Miele v. Rosenblatt, 164 App. Div. 604 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 4, 1914, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by

plaintiff through the negligence of the defendants, his employers. The plaintiff was injured while sharpening a small steel drill. The sharpening was done by repeatedly heating and hammering the cutting end of the drill. When sufficiently heated the drill was hammered out on a small slab of steel resting on the end of a bench or table supporting a lathe operated by artificial power and vibrating from the effect thereof. To enable him to hold and manipulate the drill plaintiff was furnished with a pair of ordinary gas pliers alleged to have been more or less defective from use. While plaintiff was beating the dz*ill it escaped from the pliers, and flying into his right eye destroyed the sight.