Richter v. Tegtmeyer

Much of the argument of appellant is devoted to a discussion of the doctrine of -assumed risk and to his position that the complaint of appellee and the promise of appellant to remedy the defects complained of by appellee, as averred in the second count of the declaration, did not have the effect of suspending the assumption of the risk by appellee. There can be no question about appellee’s knowledge of the defect in question, and of his appreciation of the dangers thereof, at and before the time of his injury under the evidence in this case. If there had been no promise to remove the blocks…