NEIL v. HARLAND & WOLFF, LTD.

(1948) 82 Ll.L.Rep. 515

COURT OF APPEAL.

Before Lord Justice Bucknill, Lord Justice Cohen and Lord Justice Denning.

Master and servant-Negligence of master -Personal injuries sustained by servant - Volenti non fit injuria - Contributory negligence of servant- Action brought by electrician (plaintiff) against his employers (defendants) -Plaintiff instructed by defendants' foreman to free electric cables embedded in pitch in trough-Discussion between plaintiff and foreman as to best method to employ-Decision to use hammer and chisel - Obvious danger if fuses not pulled-Acceptance of risk by plaintiff, who realized that defendants' works would shut down if fuses were pulled- Plaintiff injured when chisel pierced cable-Liability of defendants-Review of evidence given before learned County Court Judge, who found for defendants on ground that, although there was a breach of duty on their part, the maxim volenti non fit injuria must be applied-Further finding that plaintiff was guilty of contributory negligence. Practice - Transcript of evidence before County Court Judge-Admissibility.