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Fill and Sign the If You Find from a Preponderance of the Evidence in This Case that the Plaintiff Form

Fill and Sign the If You Find from a Preponderance of the Evidence in This Case that the Plaintiff Form

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IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFF VS. NO. AND DEFENDANTS INSTRUCTION NO. If you find from a preponderance of the evidence in this case that the plaintiff, : 1. knew that while operating the wood shaper, the cutter was dangerous, and 2. he appreciated the danger; and 3. he deliberately and voluntarily chose to expose himself to that danger in such a manner as to assent to the continuance of the dangerous situation; then the plaintiff assumed the risk of injury and cannot recover from the defendants, and , and your verdict shall be for the defendants. In determining whether the plaintiff knew that the conditions in which he placed him self were inconsistent with his own safety, you may find either that the plaintiff actuall y knew of his condition of danger, or that the circumstances surrounding the plaintiff were so obviously dangerous to his safety that he must have known of the danger. D-5

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