The issues in this case are reflected in the decision of Court of Appeal in Keen v. Stene (1964), 1964 CanLII 521 (BC CA), 44 D.L.R. (2d) 350. In that case the defendant driver stopped at a stop sign before attempting to cross a four-lane highway. She saw the plaintiff motorcyclist approaching from the south on the through-highway, but started to cross at 10 m.p.h. estimating she could clear the intersection in safety. Part way across she thought the plaintiff might not be able to pass behind or in front of her, so she accelerated, but collided with the motorcyclist. He had been 135 feet away when the defendant started across the highway. He continued to drive at 25 m.p.h. until, seeing the defendant at the last moment, he braked and unsuccessfully tried to swerve.
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