Prescott v. Albrecht

Citations

• 33 Ohio C.C. Dec. 314
• 21 Ohio C.C. (n.s.) 198
• 1905 Ohio Misc. LEXIS 404

Syllabus

<p>MASTER AND SERVANT — WITNESSES</p> <p>1. Cross-Examination of Witness Hostile to Party Calling Discretionary.</p> <p>It is within the sound discretion of the trial court to allow, or refuse to permit the cross-examination of a witness upon the ground that he is hostile to the party calling him.</p> <p>2. Assumption of Risk Applies when Employe has Knowledge Express or Implied.</p> <p>The doctrine of assumed risk applies when an employe either has knowledge of his employer’s alleged negligence, or has equal means .of knowing of the alleged dangerous condition, and it is error to charge that the doctrine does not apply unless he had both knowledge and equal means of knowing.</p> <p>3. Employe Assumes Risks of Which He has Knowledge, Express or Implied.</p> <p>An employe assumes the risks of which he knows or with which he is chargeable with knowledge, irrespective of whether they are ordinarily and usually incident to the employment.</p> <p>4. Want of Knowledge of Employe not Presumed.</p> <p>The mere fact that a certain condition is new to that locality raises no presumption that an employe is ignorant of its dangers.</p>