A Treatise On the Law of the Employers' Liability Acts of New York, Massachusetts, Indiana, Alabama, Colorado, And England

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J.
See also, McPhee v. Scully, 163 Mass. 216, 217 ; 39 N. E. 1007.
^Mellor V. Merchants' Mfg. Co., 160 Mass. 362; 23 N. E. 100; 5 L.R.
A. 792 ; Stuart v. West End E. Co., 163 Mass. 391 ; 40 N. E. 180.
' 162 Mass. 287, 288; 38 N. E. 500.
417 NONSUIT OK VERDICT FOE DEFENDANT. § 227 the manner in which the business is carried on, and from the condition of the ways, works and machinery, if he is of sufficient capacity to understand and appreciate them.
It is not necessary to inquire whether this do
...ctrine rests upon contract, or upon the inherent reasonableness and justice of the rule itself, as applied to the relations of master and servant. It has been long and well settled at common law, and it is not contended by the plaintiff that it does not apply to cases arising under the Employ- ers' Liability Act, so called." Nearly all the authorities agree that mere knowledge of the risk on the part of the employee is not sufficient to prevent a recovery under the statute.' The maxim is not Scienti non fit injuria, but Volenti non fit injuria.

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