The American State Reports (Volume 88); Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" and the "American Reports" Decided in the Courts of Last Resort of the Several States (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903. Excerpt: ... YBRKES y. NORTHERN PACIFIC RAILWAY CO. 112 Wis. 184, 88 N. W. 33. MASTER AND SERVANT--PROMISE TO REPAIR-ASSUMPTION OP RISKS.--If a servant has protested or objected to proceed with the work on account of the danger, and has a right to abandon the service because it is dangerous, but refrains from doing so because of assurances by the master that the danger shall be removed, such assurances remove all ground for holding that the servant by continuing in the employment, engages to assume the risks. It is not essential that a direct threat be made by the servant to quit work, unless the repairs are made or the danger is removed, but only that he protest or object to proceed with the work on account of the danger, and that such objection is overcome by the promise to remove it. (pp. 962, 963.) TRIAL--INSTRUCTIONS.--An erroneous instruction on a given subject is not cured by the fact that the law is correctly stated In another Instruction, (pp. 964, 965.) NEGLIGENCE, CONTRIBUTORY--DEFECTIVE APPLIANCES--PROMISE TO REPAIR.--A person is not guilty of contributory negligence in continuing to work, even temporarily, with a known defective appliance, after a promise to repair, If an ordinarily prudent person, under like circumstances, might reasonably believe and expect that by the exercise of some extra care and precaution he could avoid and avert the threatened peril, (p. 966.) NEGLIGENCE.-ORDINARY OR DUE CARE is to be tested by the surrounding circumstances, and no definition is complete or correct which does not embody that element. Such care is the care ordinarily exercised by the great mass of mankind under the same or similar circumstances, and the omission of the last qualification In an' Instruction is error, (p. 966.) NEGLIGENCE--PERSONAL INJURY--MEASURE O...