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Baker & Sons. Smith v. Baker & Sons. The Claimant sued his employers for injuries sustained while in the course of working in their employment. He was employed to hold a drill in position whilst two other workers took it in turns to hit the drill with a hammer.
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The plaintiff was employed by a railway company to drill holes in a rock, near a crane, operated by men employed by the railway company. The crane lifted stones and at times swung them over the plaintiff’s head without warning. The plaintiff was fully aware of the danger he was exposed to by working near the crane. One time, a stone fell off the cr...
Is the defence of volenti non fit injuriaapplicable to cases where an employee whose occupation is not in itself dangerous suffers injury from an activity carried out in another department of which he is fully aware but nevertheless continues to work?
The appeal was allowed. (1) The mere fact that the plaintiff undertook or continued employment with the full knowledge that there is danger arising out of another activity in the workplace, is not enough to show that maxim volenti non fit injuriais applicable. (2) The question of whether the plaintiff has undertaken such a risk is a one of fact, no...
Legal Case Summary. R v Smith [1959] 2 QB 35. CAUSATION. Facts. The defendant was a soldier who stabbed one of his comrades during a fight in an army barracks. The victim was taken to receive medical attention, but whilst being carried to the hospital was dropped twice by those carrying him.
Oct 18, 2021 · Facts of Smith vs Charles Baker case: 1. Smith (Plaintiff) was an employee, employed for the last 2 months at a stone drilling site by Charles Baker and Son (Defendant). 2. Plaintiff got serious injuries from the felling of stone over him by the crane which was used to lift and pass the stones, i.e. jibing over him. No prior warning was given.
Here are the basic elements of a brief: 1. Case title and date. It is also wise to list the page in the casebook for easy reference. Due both to the case method of studying the law and the common law emphasis on judicial opinions, the title of an opinion (Jones v. Smith) becomes a symbol of the rule for which it stands.
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First, briefing requires you to read cases carefully so you can decide which information in a case is most important. Deciding what to include in your brief— and in how much detail—can be difficult at first, but this process helps to develop your analytical skills and judgment. Second, briefing will help you to prepare for class.
