Radic v. Thomas Jackson & Co.

The declaration contains two counts, upon the second of which the case was submitted to the jury. In that count, two duties which the defendant owed to plaintiff are alleged, one a duty not to engage him in any hazardous employment, the other to cover, guard, and protect the revolving knives upon the machine at which plaintiff was set to work. As to this second allegation of duty and the fact which it assumes, it and the evidence upon the subject introduced at the trial were treated as an element of hazard, and not as establishing a duty and breach of it for which plaintiff was entitled to…