Does a passenger have any legal obligation to keep a look-out on a train?
Saskatchewan, Canada
The following excerpt is from Smith v. Canadian Pacific Railway Company, 1922 CanLII 84 (SK CA):
If the passenger has “no right to interfere” and “practically no control,” there does not seem to be any legal obligation on his part to keep a look-out. No man is bound either for the establishment of his own claims or to avoid claims of third persons against him to use special precaution against merely possible want of care or skill on the part of other persons who are not his servants or under his authority or control [Pollock, Law of Torts, 11th ed., 481; Daniel v. Metropolitan Ry. Co. (1871) L.R. 5 H.L. 45, 40 L.J.CP. 121.]
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