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ANDREA De ANGELO vs. BOSTON ELEVATED RAILWAY COMPANY.

Negligence, Employer's liability. A man of full age in the employ of a corporation, who in obedience to an order of a superintendent is cleaning a pump in the boiler room of a power house, while the wheels of the machine are in motion, with a piece of cotton waste which has been given him for the purpose, assumes the obvious risk of an injury from the cotton waste, and with it his hand, being drawn in between a large cog-wheel and an iron guard by the wind created by the motion of the wheel, and his employer is under no duty to warn him of such a danger.

HAMMOND, J.

The plaintiff was given a piece of cotton waste and told to clean a large machine while the wheels were in motion. While he was doing the work, the waste was drawn in between the large wheel and an iron guard by wind caused by the revolution of the wheel, and before the plaintiff let go his left band was drawn in and injured.

The plaintiff says he was ignorant of the danger of his hands being drawn in, and that the defendant or the superintendent who gave the order was negligent in not informing him of this danger.

The plaintiff was a man of full age. The danger of having his hand drawn in was plain and obvious and the defendant had no reason to anticipate that the plaintiff needed instructions, nor was he under any duty to give him warning. See Chmiel v. Thorndike Co. 182 Mass. 112, and cases cited.

Judgment on the verdict.

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De ANGELO v. BOSTON ELEVATED RAILWAY
(May 18, 1911)