Can a jury excuse a plaintiff from their duty of looking and listening for trains?

Saskatchewan, Canada


The following excerpt is from Green v. Canadian Pacific Railway Company, 1937 CanLII 178 (SK CA):

Now, what is there in this case on which any reasonable jury could excuse the deceased from that duty of looking and listening for trains? The moment he passed the loading track his view was unobstructed to the turn in the track 100 rods to the east. He still had 20 feet to stop before reaching the main track. He was not going quickly and he had only to watch one direction. The only difference that I can see between this case and Smith v. C.P.R., supra, is that in the latter case the plaintiff could have seen the train nearly a mile away if he had looked for it. But after all there is no need of looking for trains a mile away. The proper time to look is when reasonably close to the crossing. A car 18 feet over all travelling at 15 miles an hour is only on the track for less than a second and the time to look for trains is when one is close enough to have a full view and be able to judge accurately the safety of the situation.

Other Questions


Is a plaintiff entitled to a jury's opinion upon any reasonable excuse given by a railway company to look out for the approach of a train? (Saskatchewan, Canada)
In what circumstances will a plaintiff be able to escape from a moving train by jumping from the platform between the platforms? (Saskatchewan, Canada)
In what circumstances will a plaintiff be indemnified for any damage caused to a plaintiff’s storage facility by a lighter man? (Saskatchewan, Canada)
What is the test for a jury to find that a train whistle or whistle was not followed or followed by train officials at a level crossing? (Saskatchewan, Canada)
What is the test for a plaintiff to prove reasonable excuse in a motor vehicle accident case? (Saskatchewan, Canada)
What is the difference between a plaintiff and plaintiff in a motor vehicle accident claim for medical attention? (Saskatchewan, Canada)
Does a passenger have any legal obligation to keep a look-out on a train? (Saskatchewan, Canada)
In what circumstances will a plaintiff be able to escape from a moving train? (Saskatchewan, Canada)
What is the test for a plaintiff to be held liable for walking into the path of a train? (Saskatchewan, Canada)
In what circumstances will a plaintiff be liable for failing to look closely at the position of a car before turning in front of the car? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.