Can a police constable be contributorily negligent by being in the centre of a roadway while he is investigating an accident?

British Columbia, Canada


The following excerpt is from Atley v. Popkum Water Slides Ltd. (Trans-Canada Water Slides Limited Partnership), 1992 CanLII 5956 (BC CA):

In Lewis v. Todd, 1980 CanLII 20 (SCC), [1980] 2 S.C.R. 694, 14 C.C.L.T. 294, 115 D.L.R. (3d) 257, 34 N.R. 1, to which Dickson J. referred, the issue was whether a police constable had been contributorily negligent by being in the centre of a roadway while he was investigating an accident.

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