Ryan v. H. W. Johns Manuf'g Co.

This is an action to recover damages for personal injuries alleged to have been received through the negligence of defendant. At the close of plaintiff’s case, a motion was made to nonsuit him on three grounds,—that defendant was not negligent, that plaintiff was negligent, and that the dangers of the machine causing the accident were so obvious and apparent that he assumed the risks thereof. The trial court granted the motion “on the ground that the dangers of the machine were open and apparent.” Should the complaint have been dismissed on any of the three grounds ? is the only question…