Courts often adopt common sense approach
when approaching questions of contributory negligence.
Foreman instructed S and D, miners, to make roof safe
by bringing it down.
They attempted this without success and so by
agreement resumed their ordinary work.
Roof collapsed killing S.
Question for House of Lords was what caused death.
Found S, by ‘deliberately and culpably’
entering the dangerous area, had contributed to accident much more than D.
80 / 20 split.