Lancaster v. Johnson

(after stating the facts as above). The court charged the jury as follows:

“If the jury shall believe that the injury to the plaintiff was caused by one of the dangers incident to his particular employment — that is, one of the dangers that was commonly encountered in his employment — it will be your duty to return a verdict for the defendants.”

The special charge No. 1 requested and refused informed the jury that—

“The plaintiff, in accepting the employment to work in the yard, assumed all of the dangers incident to that particular work — that is, the dangers that were commonly encountered…