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