In what circumstances have the courts found that the driver of a car to the right was driving recklessly at the right side of the road at the time of an oncoming collision?
Saskatchewan, Canada
The following excerpt is from Goulet et al. V. Clarkson, 1948 CanLII 138 (SK CA):
Admittedly the facts there as to the distance of the respective cars from the intersection, and as to the possible view the drivers could have, were similar to the facts in this case; but in Heard v. John Erzinger, Ltd., supra, the car to the right was driven at an excessive rate of speed, if not recklessly.
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