What is the test for “incontrovertibly contributory negligence” in a motor vehicle accident?
Saskatchewan, Canada
The following excerpt is from Smith v. C.P.R., 1920 CanLII 120 (SK CA):
So we have to consider: (1) Was what is “incontrovertibly contributory negligence” admitted, or so clearly proved in the appellants’ own case that it would be proper to direct a jury to find it; (2) Is there evidence of circumstances which wholly excuse the appellants’ omission to look; or, as Street, J., puts it in Champaigne v. G.T. Ry., supra, “was there a reasonable excuse given” for the omission to look?
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