Examveda
Examveda

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 plaintiff's 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

Answer: Option A


This Question Belongs to Law >> Law Of Torts

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Related Questions on Law of Torts

The maxim 'scienti non fit injuria' means

A. Where there is no fault, there is no remedy

B. Mere knowledge does not imply consent to take risk

C. Mere giving consent does not imply to take risk

D. Scientific knowledge is not enough to cause injury