195 Mass. 517 | Mass. | 1907
The plaintiff contends that although he knew that pulleys were usually fastened to the shaft by means of set screws, and knew that there were set screws about the pulleys on which he was working although he had not actually seen them, and was instinctively trying to avoid them, yet he had not assumed the risk of injury from the set screw in question, because this differed from the kind ordinarily in use, in that it extended above the hub of the pulley a distance of two inches instead of the usual distance of half to three quarters of an inch, or, on large pulleys, an inch above the hub, and an eighth of an inch laterally beyond the line of the rim of the pulley instead of being wholly within that plane, — variations which might have been found on the evidence to increase materially the risk of injury from the screw when the shaft was revolving. His counsel admit in argument that if he had received his injury by coming in contact with a set screw of the kind ordinarily in use. upon pulleys like the one on which he was working, he must be held to have assumed the risk of such an injury, even though he never had actually seen this particular screw.
We find nothing, in view of our previous decisions, to help the plaintiff in any of the cases to which he has referred us.
Exceptions overruled.