Delaware, L. & W. R. Co. v. Koske, 279 U.S. 7 (1929)
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U.S. Supreme Court DELAWARE, L. & W. R. CO. v. KOSKE, 279 U.S. 7 (1929)
[Page 279 U.S. 7, 12]
of the method employed or the condition of the drain at the time and place in question. Nelson v. Southern Ry. Co., , 38 S. Ct. 233; Missouri Pacific Railroad Co. v. Aeby, 275 U.S. 426, 48 S. Ct. 177.
The court takes judicial notice of the fact that for some weeks immediately before the accident the sun rose and it was light for some time before plaintiff's quitting hour. Montenes v. Metropolitan Street R. Co., 77 App. Div. 493, 78 N. Y. S. 1059. He worked in daylight for some time every morning during the spring and summer months, and during one year he worked days. There was nothing obscure or of recent origin about the place where he was injured. The conditions were constant and of long standing. The evidence requires a finding that he had long known the location of the drain and its condition at the place in question. The dangers attending jumping from engines in the vicinity of the drain, especially in the dark, were obvious. Plaintiff must be held to have fully understood and appreciated the risk.
It was the duty of the judge presiding at the trial to direct the jury to return a verdict in favor of the defendant. Butler v. Frazee, 211 U.S. 459, 467, 29 S. Ct. 136.
Judgment reversed.
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