159 Mass. 582 | Mass. | 1893
The plaintiff was injured by the caving in of one of the sides of a trench in which he was at the time engaged
On this branch of the case, the jury were instructed that, if the plaintiff knew the risk and voluntarily assumed it, he could not recover; that, if he did not know it, he might recover, if the jury were satisfied on the other parts of the case. At the close of the charge, the plaintiff requested the court to instruct the jury as follows: “ Any extraordinary danger at the particular place where he was injured, the plaintiff, if he did not know and appreciate it, cannot be held to have assumed.” This instruction the judge refused to give; and the only exception in the case is to this refusal.
We are of opinion that the presiding justice was not bound to give the instruction requested. It had already been given in substance, and the court was not bound to repeat it in another form. If a person knows the risk he runs, he may be said to know the danger and appreciate the risk. See Miner v. Connecticut River Railroad, 153 Mass. 398; Anderson v. Clark, 155 Mass. 368.
Exceptions overruled.