Is there any case law where a jury found that a pedestrian crossing was in a thickly peopled area?
Saskatchewan, Canada
The following excerpt is from Bayda (Administratrix of Bayda Estate) (Plaintiff) Respondent v. Canadian Pacific Railway Company (Defendant) Appellant, 1950 CanLII 205 (SK CA):
The question as to whether the crossing was in a thickly peopled portion of the city is one of fact for the jury and their finding should not be reversed unless it is perverse: McLean v. McCannell 1937 CanLII 1 (SCC), [1937] SCR 341; Evenden v. Merchants Casualty Insur. Co. (No. 1) 1935 CanLII 166 (SK CA), [1935] 2 WWR 484.
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