Yahoo Web Search

Search results

  1. Smith v Charles Baker & Sons. Smart Summary (Beta) Issue: Whether the plaintiff is entitled to recover damages for injuries sustained while working for the defendant. Facts: The plaintiff filed an action against his employers for injuries sustained while working for them.

  2. Smith v Baker & Sons [1891] AC 325. 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.

    • Facts
    • Issues
    • Decision/Outcome

    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...

  3. Charles Baker and Sons. 1. After hearing Counsel as well on Monday the 1st as Tuesday the 2nd and Thursday the 4th days of December 1890, upon the Petition and Appeal of Joseph Smith, of No. 18, Mill Lane, Boothtown, in Halifax, in the County of York, Navvy, praying, That the matter of the Order set forth in the Schedule thereto, namely, an ...

  4. The House of Lords decision in Smith v. Baker & Sons [1891] was the first case in which the defence of "Volenti non fit injuria" was limited in employee situations.

  5. Sep 5, 2022 · The first time the protection of volenti non-fit injuria was eroded in relation to employees occurred through Smith v. Baker and Sons [1891] a House of Lords’ decision. Whether or not complainant’s consciousn.

  6. People also ask

  7. Jul 6, 2020 · The ruling of the House of Lords in Smith v. Baker and Sons [1891] was the first case in which the protection of volenti non-fit injuria was limited in the case of employees.

  1. People also search for