What is the test for charging the jury in a motor vehicle accident case?
Saskatchewan, Canada
The following excerpt is from Rex v. McCarthy, 1921 CanLII 112 (SK CA):
In Rex v. Murray, 5 Cox C.C. 509, the accused while driving a car knocked down and killed a child. Perrin, J., in charging the jury, said: The question which you have to try here is, I may say in a word, whether the death was caused by the careless and negligent driving of the prisoner, or was the result of an accident which he could not reasonably foresee or provide against.
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