In Smith v. Baker, the plaintiff, a servant of the defendants, Railway contractors, was employed in drilling holes in a rock cutting, and was aware of the danger caused by a crane continually swinging crates of stone above his head. A stone fell out of a crate and injured him. He brought an action of negligence against the defendants who pleaded volenti non fit injuria. It was held that a. the plaintiffs knowledge of the risk justified that he had voluntarily undertaken it b. the employers were not negligent in not warning the plaintiff of the recurring danger c. knowledge on the part of the plaintiff of the risk implied assumption of it d. none of the above.
Posted on: Sun, 03 Nov 2013 08:22:44 +0000
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