...by defendant." By another instruction given at the request of appellant the jury were told that if the plaintiff knew, or by the exercise of ordinary care might have known, of the character of the materials used in the stone foundation wall before undertaking to construct...

...part of plaintiff in the absence of knowledge on the part of the defendant. The true rule is that if the plaintiff knew, or by the exercise of ordinary care might have known, of the unsafe condition of the roof, and he continued to work in the dangerous place without protest...

...the slippery condition of the sidewalk, then I instruct you that he cannot recover." (2) "If you find from the evidence that the plaintiff knew, or by the exercise of reasonable care should hnve known, of the slippery condition of the sidewalk by reason of its being...

...to a miner by the falling of the roof of the mine,) it was laid down : " The true rule is, that if the plaintiff knew, or by the exercise of ordinary care might have known, of the unsafe condition of the roof of the mine, and he continued to work in a dangerous place without...

...part of plaintiff in the absence of knowledge on the part of the defendant. The true rule is that if the plaintiff knew, or by the exercise of ordinary care might have known, of the unsafe condition of thte roof, and he continued to work in the dangerous place without protest...

...of Charles Sadoski, the deckman, caused the Injuries of which plaintiff complains; yet If they find from the evidence that the plaintiff knew, or by the exercise of ordinary care could have known, before the accident for which this suit was brought, that said Charles Sadoski...

...time at such a high rate of speed as to render the performance of the duty dangerous, and he knew, or by the exercise of ordinary care might have known, that the signal had been misunderstood, or was being disregarded, his act in attempting to make the coupling...

...cannot recover, and you must return a verdict in favor of the defendants. (2) If the Jury believes from the evidence that the plaintiff knew, or by the exercise of ordinary care on her part she would have discovered, that the cellar door in question was left open, then the...

...collision between a team and street car, there being a question of fact whether the motorman knew, or by the exercise of ordinary care might have known, that the wagon was in a dangerous position, instructions as to the duty of the motorman in stopping, or checking...

...violently, and in failing to properly and carefully bring said street car to a gradual stop, when they knew, or by the exercise of ordinary care might have known, that the sudden unusual jolt, jerk, or shock of a sudden movement of said street car would cause plaintiff to...