In my opinion, no general rule as to stopping when approaching lights interfere with the vision of the driver can be laid down; if it is the duty of one driver to stop, it would also be the duty of the other driver, who, in all probability, is affected in the same way, to stop; and the result would be, on a highway where many cars are travelling in both directions, a stoppage of traffic. The authorities above appear to have reference to pedestrians upon the highway, and, while there can be no doubt that drivers of automobiles must proceed with the greatest caution, especially on highways where there is likely to be pedestrian traffic, in the present case—where the collision was with a gravel-crusher standing upon the highway without lights as a warning, in direct violation of the provisions of a statute, and which would probably have been seen by the plaintiff’s driver had the provisions of the statute been complied with—I cannot conclude that there was a duty devolving upon the driver to stop when his vision was interfered with by approaching lights. If a driver has reason to expect that traffic of any kind is or is likely to be in his path and so close as to render it dangerous to proceed, he must take extra care, and stop if for any reason he cannot see; but the failure to stop is not negligence in all cases. With respect, may I say that I agree with the statements made by Hyndman, J.A., in Young v. Degon, supra, and by Harvey, C.J.A. in Turpie v. Oliver, supra. The circumstances of each case must be carefully examined before concluding that a driver should stop, or almost stop, when his vision for any reason is impaired.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.