What is the duty of a defendant to a plaintiff in a motor vehicle accident case?
Saskatchewan, Canada
The following excerpt is from Dixon v. Canadian Pacific Railway Company, 1947 CanLII 213 (SK CA):
These considerations are most material in determining what, if any, duty the defendant owed the plaintiff. Moreover, if the accident could not have happened but for inexcusable disobedience of the rules by the plaintiff, then the plaintiff could not succeed, even if there may have been negligence on the part of the defendant: Walker v. Wabash Ry. Co., supra.
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