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


The following excerpt is from Smith v. C.P.R., 1920 CanLII 120 (SK CA):

In Champaigne v. G.T. Ry., 9 O.L.R. 589, at p. 599, Street, J., is reported as follows: The authorities appear to have gone this far: that where the railway company fails to give the statutory warnings of the approach of a train and an accident happens, the plaintiff is entitled to have the opinion of the jury upon any reasonable excuse given for the omission to look out for the approach of the train and the judge cannot pass upon the sufficiency of the excuse himself.

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