What are the costs of a plaintiff’s personal injury claim?

MACKENZIE, J.A. concurs with Martin, J.A. Appeal allowed and cross-appeal dismissed both with costs. * In Allen v. Lord, supra, Mulock, C.J.O. said: “Highways are not, by law divided into right and wrong sides. Subject always to legislation regulating the user of highways, one is entitled to travel along any part of a highway, provided that in the exercise of such right he has due regard for the rights of others. In other words, he must act reasonably. What is reasonable depends on all the attendant circumstances. If one acts unreasonably and thereby injures another, he is guilty of negligence. Here the question whether the defendant was guilty of negligence depends upon all the circumstances present in this case. Where he was upon the highway at the time of the accident was only one circumstance, and the jury was not entitled to disregard all other circumstances, and from that one circumstance alone to find negligence.”—Ed.