Haile v. Ellis

The issues on this appeal are: (1) Did the plaintiff assume the risk of his injury as a matter of law?(2) Was the plaintiff guilty of contributory negligence to the extent that his negligence constituted at least 50 per cent of the aggregate negligence of himself and that of the defendant employer ?

The defenses of assumption of risk and contributory negligence have been abrogated in most master-servant cases by sec. 331.37, Stats., but farm labor is specifically exempted from such statute.

Counsel for the defendant contend that, because the plaintiff knew of the defective condition of the…