Dignan v. Anderson

It is claimed the court should have directed a verdict for defendant, on the ground that “a clearer case of assumption of risk could not be found.” In this contention we do not concur. While it is true the work at which the plaintiff was employed was simple and apparently free from ordinary hazard, that he was not required in his work to go near the mixer by which he was injured, that there is evidence to show he had been warned to keep away from it and understood its danger, it can scarcely be contended that he had any reason to anticipate the particular danger which seems to have been the…