X' was working at a place over which a crane swung carrying heavy stones. Both 'X' and his employer knew that the crane so swung and recognized the possibility of danger if a stone fell from the crane. No warning was given 'X' of the swinging time of the crane whenever this took place. Once a heavy stone fell from the swinging crane and injured 'X'. In a claim for torts, the employer pleaded that there was no liability on the basis of the principle volenti non fit injuria. This plea-

A. Is not correct as knowledge of the risk is not the same thing as acceptance of the risk

B. Is correct as 'X' knew the risk

C. Is for the Judge to consider at his discretion

D. Is quite novel without an authoritative decision for or against

Answer: Option A