Brown v. Lennane

This case should be ruled by that of Livingstone v. Plate Glass Co., unless the fact that defendants’ superintendent commanded plaintiff to go into a place of danger, and assured him of its safety, distinguishes it from that case in principle. The plaintiff in the present case was a man 46 years old and of experience in mechanics. As was said in the Livingstone Case:

“ He must be held chargeable with the knowledge that a sand pile lying out of doors was frozen, and that digging *690into such pile would remove the support from the frozen crust. ”

He did know it and objected to working under it for…