Dostie Ex Rel. Dostie v. International Cotton Mills

The defendants contend that even if they were in fault the plaintiff cannot recover because (1) he assumed the risk of his injury and (2) was guilty of contributory negligence. The test to determine whether he assumed the risk is to inquire whether he either knew or ought to have known that his hand was liable to come in contact with the cylinder when he was reaching in under the machine for flax and fully appreciated the risk incident thereto. Cassidy v. Company, 79 N. H. 427. It cannot be said, therefore, that he assumed the risk of his injury, for he testified that he did not know that his…