Williams v. J. G. Wagner Co.
It may be conceded, for the purposes of this case, that the defendant was negligent in not covering the géaring in which the plaintiff’s hand was. crushed (Stats. 1898, § 1636;'), although this point admits of grave doubt .and is not decided. Even if such a concession be made, however, it must be held, on the undisputed facts, that the plaintiff assumed the risks, whatever they were, resulting from the uncovered gears. He was a man of more than thirty-six years of age, who since his boyhood had worked in and about shops full of machinery. In his own words, he was “ handy in a machine shop and all around.” He had operated this very machine for at least eight months, and
By the Court.— Judgment affirmed.