TAFT, Circuit Judge (after stating the facts as above). In the absence of the statute, and upon • common-law principles, we have no doubt that in this case the plaintiff would be held to have assumed ihe risk of the absence of blocks in the guard'rails and switches of the defendant. His denial of knowledge of the fact that the particular guard rail causing the injury was unblocked is entirely immaterial. Nor is his vague statemen…
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