General Railway Signal Co. v. Valois

25 Ohio C.C. (n.s.) 423, 1909 Ohio Misc. LEXIS 466

Opinion

Wildman, J.:

He did not assume the risk in the sense that a person assumes it by a contract of employment between master and servant, but assumed it something in the same sense that a person walking over a defective sidewalk assumes the risk, if he knows the danger or ought to see it, or ought to know it by the exercise of ordinary care. It does not grow out of contract.