A. FATAYI-WILLIAMS, J.S.C.(Delivering the Leading Judgment): The plaintiff was at all material times employed by the defendant as a boiler and steam operator at its Baptist Hospital at Eku. In that capacity, he was obliged to operate a defective machine which is the property of the defendant and which the defendant neglected to put right despite, incessant complaint by the plaintiff. On or about 8th October, 1970, whilst in the course of the said employment at the Hospital, the plaintiff had his right thumb "chopped' off by the said defective machine and he thereby suffered damage.
The plaintiff therefore commenced proceedings in the Sapele High Court in which he claimed from the defendant the sum of N20,000.00 as special and general damages suffered by him in consequence of the defendant's negligence.
In the course of his testimony in support of the claim, the plaintiff stated that the electric motor by which the machine was operated was defective and that this defect was known to hi…