Nusbaum v. Lake Shore & Michigan Southern Ry.

Citations

• 25 Ohio C.C. Dec. 121
• 21 Ohio C.C. (n.s.) 65
• 1908 Ohio Misc. LEXIS 408

Syllabus

<p>MASTER AND SERVANT.</p> <p>Danger of Flying Steel from Driving Screw with Hammer, Obvious and Conclusively Presumed Appreciated.</p> <p>The danger of a piece of steel flying from a screw or from the hammer with which a railway car repairer was driving the screw is just as apparent to the employe as to the employer and one he will be conclusively presumed to appreciate; hence, if it appear from his petition that the danger was so obvious, notwithstanding an allegation that he did not appreciate the danger, he cannot avoid the presumption of law by a contrary rule.</p> <p>[Syllabus approved by the court.]</p>