Perry v. First Corporation

WOOD (Fred B.), J.

A carload of empty drums belonging to Dewey and Almy Chemical Company had been returned to it by rail. One of its employees, plaintiff herein, was injured while removing drums from the car. Defendants’ motions for nonsuit upon the ground of plaintiff’s contributory negligence and assumption of risk were granted and he has appealed.

Plaintiff was a maintenance mechanic at the Dewey and Almy plant but during the eight years of his employment had been assigned to the loading and shipping of ears about a half day to a day a month and during that time had worked at the unloading…