Benavidez v. Maxwell

POPE, Justice.

Appellant, Manuel L. Benavidez, has appealed from a judgment upon an instructed verdict that he take nothing in this suit against his employer, J. W. Maxwell. Benavidez suffered the loss of a hand and serious arm injuries while operating an ensilage-cutting machine on the employer’s farm. The court held that Benavidez, as a matter of law, voluntarily assumed the risk and was contributorily negligent. We affirm the judgment.

When Benavidez was almost nineteen years old he was working as a farm laborer for J. W. Maxwell. Maxwell set him to operating an ensilage-cutting machine. The…