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

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 Correct Answer The plaintiff's knowledge of the risk justified that he had voluntarily undertaken it

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B' was under the regular employment of 'A' as a driver of his mobile crane. He let the crane together with 'B' as driver to 'C'. In the course of loading a ship, 'X' was injured by negligent working of the crane by 'B'. At the time of the accident 'C' had the immediate control and direction of the operations to be executed. The working of the crane and the manipulation of its control, however, remained with 'B', In a suit by 'X' against 'C', is: