This aetion rests upon the general law of master and servant, and, in order for the plaintiff to recover, it must appear that the master knew or ought to have known of the danger,, that the plaintiff did not know, and by the exercise of ordinary care could not have known, and that he did not have equal means with the master of knowing the danger. The petition was properly dismissed on demurrer.
Judgment affirmed.
Wade, O. J., and Luhe, J., concur.