Paige v. M. T. Stevens & Son's Co.

The plaintiff concedes that his ward was familiar with the physical condition of the defendants’ instrumentalities, and realized that if he came in contact with the gears which drove the condenser rolls he would be injured, but contends that it does not follow that he assumed the risk of this injury. He bases his contention on his ward’s testimony that he did not think he would be injured.

What this contention comes to in the final analysis is that notwithstanding he knew the machine was so close to the wall that the gate would only open part way and that he had to stand with his back close to…