Negligence, Assumption of risk, Contributory, In use of way.
Evidence, at the trial of an action of tort for personal injuries sustained when the plaintiff, a traveller on a sidewalk, caught his wrist on a ragged end of a wire fence protruding several inches over the sidewalk adjacent to land occupied by the defendant, that the plaintiff had known of the presence of the protruding wire for a long time and had been there several months previously with another person whose coat had been caught on it, did not warrant a ruling as a matter of law that the plaintiff had assumed the risk of his injury or was guilty of contributory negligence.
BY THE COURT.
The plaintiff was injured by reason of a wire extending over a public sidewalk from land occupied by the defendants. She had known of the position of the wire for several months. On her way for a young grandchild who had strayed upon the public street she came in contact with the wire and was injured. The plaintiff by her knowledge of the wire was not precluded from recovery on the ground of assumption of risk or of want of due care. The case was rightly submitted to the jury. It is covered in every particular by Agnew v. Franks, 255 Mass. 539.
Exceptions overruled.