Day's Admrx. v. South Covington & Cincinnati Street Railway Co.

*769DISSENTING OPINION OP

JUDGES THOMAS AND CLARKE.

We fully approve of the rule as stated in the court's opinion that where the master gives assurances of safety and protection in the performance .of an ordered, task, the question of whether the danger was so obvious and imminent that no person of ordinary prudence, - would have obeyed is usually a question of fact for the jury. But the word “usually” is not in this connection to be treated as synonymous with “always,” and its use clearly indicates that there are some exceptions to the rule, as is fully attested by many decisions of this court,…