Smith v Leech Brain & Co Ltd [1962]

The decision in the Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound) case has not altered the rule that a tortfeasor takes the person he injures as he finds him. The test of liability is whether the tortfeasor could reasonably foresee the type of injury suffered.Per Lord Parker, C.J: The Wagon Mound case would be followed in England where the facts were similar.The…