United Production Corp. v. Chesser

SIBLEY, Circuit Judge.

A motion for rehearing contends that we are wrong in holding that Thornhill knew of the first breaking of the gooseneck in the forenoon before he was killed by the second breaking in the afternoon; and that in saying, “If he did not look to see how the rig was set up for his work he was himself contributorily negligent. If he did look, he assumed the risk of using it as it was,” we have imported the law of master and servant into a case wh„ere that relationship does not exist. ■

“Assumption of risk” is a term employed in the law of master and servant to express the…