Robinson Ex Rel. Robinson v. New England Cable Co.

That the plaintiff assumed the risk of injury from the dangers involved in oiling the going machine, if inferrible from its obvious character, the plaintiff’s opportunity to observe and other evidence in the case, is immaterial under the’ statute. Laws 1911, c. 163, s. 2. That the plaintiff knew and appreciated the danger of the work from which his assumption of the risk could be inferred does not therefore, as the law now is, bar a recovery. Admitting as they necessarily must that the case here is to be considered upon the basis that they instructed the plaintiff to oil the machine while in…