Doyle v. Swift's Iron & Steel Works

*185Opinion by

Judge Pryor:

The doctrine is well settled in this state that an employé voluntarily assuming a character of labor that is perilous, who is injured thereby, is without remedy against his employer unless the latter by the exercise of ordinary care and caution could have prevented the injury. So the employer or a subordinate under him, who is the superior of the party injured in the control and direction of the work, must be guilty of gross negligence before a recovery can be had. Subordinates engaged at the same time in the same work and with like power of control have no right of…