What is the test for determining whether a plaintiff is a result of imputation of negligence?

Saskatchewan, Canada


The following excerpt is from McKeown v. C.N.R., 1922 CanLII 115 (SK CA):

In Cotton v. Wood, supra, Erie, C.J. at p. 571 (8 C.B. [N.S.]) said: Where it is a perfectly even balance upon the evidence whether the injury complained of has resulted from the want of proper care on the one side or on the other, the party who founds his claim upon the imputation of negligence fails to establish his case.

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