This case involved an incident at work in which the plaintiff alleged that he slipped on a wet grassy bank and injured his back during the performance of one of his daily tasks. The defendant argued that there was no need for the plaintiff to have taken the route, which had a steep incline, as there was another route within 10-15 meters which had little or no incline. The plaintiff argued that his predecessor, some 16 years previous, had taken the route when he was being shown his tasks and for this reason this was the manner in which he did his job and therefore it was an unsafe system of work.

The Court indicated that common sense should