Illinois Central R. R. Co. v. Wade

There is no direct claim that appellant was not negligent, but on the merits the only argument is that appellee assumed the risk, was guilty of contributory negligence which caused his injuries, and, if there was negligence, it was that of appellee’s fellow-servant. Upon the point of assumed risk the contention is, in substance, that the great preponderance of the evidence shows that at the time of the injury the work of operating the derrick was being done in the usual and ordinary manner in which it had been done for the several years in which appellee had been in appellant’s employ; that…