Medford v. Rex Spinning Co.

The defendant excepted to the following instruction in regard to the plaintiff’s assumption of risk: “I again instruct you that upon the third issue the burden of proof is cast upon the defendant, and if you reach its consideration, if the defendant has satisfied you by the greater weight of the evidence that the injury to the plaintiff was the direct and proximate result of a risk assumed by him, then you would answer this issue ‘Yes’; if you are not so satisfied you would answer it No.’ ” In the same connection his Honor had previously said: “As applied to an investigation of this nature,…