Grey v. Fibreboard Paper Products Co.

Plaintiff was injured when, as a machinist engaged to repair defendant’s paper cutting machine, his hand and lower arm were caught between the machine’s rollers and severely injured. The jury returned a verdict in favor of plaintiff, and defendant appeals. The sole question presented is whether it was error, under the circumstances, to refuse to instruct the jury on the doctrine of assumption of the risk involved.

Evidence was adduced at trial to the effect that plaintiff had been a machinist for some 30 years, and during this period had worked on various types of heavy equipment. On the day…