157 Mass. 538 | Mass. | 1893
It is evident, from the account which he gives of his occupations during the interval between his arrival in this
If we assume that it was a part of the plaintiff’s duty to keep the machine going, we still think that the risk accompanying what he did was of such a character that, taking his age, intelligence, and experience into account, he might be fairly supposed to understand and appreciate it, and that therefore neither the defendant nor any of its superintendents were negligent in not warning or instructing him concerning it. Ciriack v. Merchants’ Woolen Co. 146 Mass. 182, and 151 Mass. 152. Crowley v. Pacific Mills, 148 Mass. 228. Coullard v. Tecumseh Mills, 151 Mass. 85. Pratt v. Prouty, 153 Mass. 333. Tinkham v. Sawyer, 153 Mass. 485. Brady v. Ludlow Manuf. Co. 154 Mass. 468. De Sousa v. Stafford Mills, 155 Mass. 476.
The declarations of Todd were rightly excluded. Boston & Maine Railroad v. Ordway, 140 Mass. 510. Williamson v. Cambridge Railroad, 144 Mass. 148. Leistritz v. American Zylonite Co. 154 Mass. 382. Exceptions overruled.