Is it a motorman's duty to look and see if it is safe to cross?

Alberta, Canada


The following excerpt is from O’Connor v. Mahabir, 1999 ABQB 326 (CanLII):

Similarly, in Weston v. City of Saskatoon 1940 CanLII 126 (SK QB), [1941] 3 W.W.R. 293 the head-note reads: When a pedestrian is crossing a street railway track it is his duty to look and see whether it is safe to cross. Failure to do so constitutes negligence. A street railway motormen is justified in assuming that a pedestrian approaching the street railway track would use ordinary prudence and would not attempt to cross when there is danger in doing so. If however, it becomes apparent that the pedestrian intends to cross regardless of the danger it is the motorman’s duty to act promptly to avert the danger.

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