The Employers' Liability Acts And the Assumption of Risks in New York, Massachusetts, Indiana, Alabama, Colorado, And England

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172; City of Port Wayne v. Patterson, 25 Ind. App. 548 ; Foster v. City of Greeley (Colo. App.) 61 Pac. 482; Town of Colorado City v. Liafe (Colo.) 65 Pac. 630. Where plaintiff and defendant are equally able to observe, (444) Ch. 8] ASSUMPTION OF RISK. .§ 96 there was some peculiar risk, or that the boy was below the average intelligence. When less apparent dangers it is assumed. Hughes v. Maiden & Melrose Gas Light Co., 168 Mass. 395 (Court); Vincennes Water Supply Co. v. White, 124 Ind.
376 (
...Court); City of Lebanon v. McCoy, 12 Ind. App. 500 (Jury: Careless bracing)'.
Undermined Bank, etc., Falling.
O'Driscoll V. Faxon, 156 Mass. 527 (Jury: Inadequate protection); Lynch v. Allyn, 160 Mass. 248 (Jury) ; Swanson v. City of Lafayette, 134 Ind. 625 (Court: Gravel bank) ; Thompson v. Chicago, M. & St.
P. Ry. Co., 14 Fed. 564 (Jury) ; Thomas v. Ross (C. C. A.) 75 Fed.
552 (Jury: Loosened by rain) ; Anderson v. Winston, 31 Fed. 528 (Jury: Crack caused by blast); Burgess v. Davis Sulphur Ore Co., 165 Mass.


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