Sweeney v. Winebaum

Allen, J,

The' defendants are understood to concede that the intestate may be regarded as an employee of theirs in helping to carry the box, and it is their position that he assumed the risk of the injury he received. The position is well taken.

The plaintiff had the burden to show that the risk was not assumed (Zajac v. Company, 81 N. H. 257, 261, and cases cited), and so far as appears, the intestate knew as well as the defendants of his impaired health and how far it was proper for him to undergo strain. And there is nothing to show that he did not know as well as they did how much strain he…