What is the test for liability in a motor vehicle accident involving a calf?
Saskatchewan, Canada
The following excerpt is from Hawryluk v. Stechyshyn, 1974 CanLII 908 (SK QB):
“An owner” Judson J. said in Fleming v. Atkinson, at p. 535, “may only drive his animals on to the highway for the purpose of passage and if he does so he must exercise reasonable care while they are using the highway for this purpose.” In my opinion, the evidence demonstrates that the plaintiff failed in his duty to exercise reasonable care to control his calf. That failure amounts to negligence and such negligence was the effective or decisive cause of the accident. The plaintiff is therefore liable.
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