Ritter v. BEALS

I am unable to agree with the majority in reversing the trial court’s order granting the defendants a judgment non obstante veredicto.

The rule of law effecting liability of a master for *529injuries suffered by an employee, spoken of as assumption of risk, is set forth by this court in. an approved instruction in Hagermann v. Chapman Timber Co., 65 Or 588, 594, 133 P 342.

“ ‘If you find from the evidence that at the time plaintiff was hurt, he was just as well aware of the danger of doing said work under the conditions existing at said time as his employer was, and that such danger was open and…