Western Coal Mining Company v. Burns

Hart, J.,

(after, stating the facts). The sole ground relied upon for a reversal of the judgment is that the court should have directed..a verdict for the defendant on the ground that the plaintiff knew the distance from the rails to the gob wall, and assumed the risk of injury from getting his foot caught in the space between the rails and the gob wall.

The general rule is that an employee assumes the ordinary risks incident to his employment and such extraordinary risk as is obvious to an ordinarily observant person, or which is patent to one having experience in the business in which he is…