Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Woodward

The appellee recovered damages for injuries received by him while in appellant’s employ, by reason of defects in the track and cars of appellant. The following instruction was asked by appellant:

“10th. If, in the light of the instructions, you shall find that defendant was negligent or remiss in duty to plaintiff, as alleged in the complaint, then before there can be a recovery, it devolves upon plaintiff to prove, as a fact in the case, that he did not assume the risk; that is, he must prove, by a preponderance of the evidence, not only that he did not know, but, also, and in addition…