What evidence is admissible for repair of a culvert in a motor vehicle accident?
Saskatchewan, Canada
The following excerpt is from Yawney v. Clayton (Rural Municipality), 1955 CanLII 224 (SK CA):
A great deal of evidence was led by counsel for both parties as to work done at this point some months after the accident and that the defendant had subsequently erected guard rails at this culvert. I agree with the learned trial judge that this evidence was not admissible for subsequent repair is not per se either an admission of or evidence of previous disrepair. Vide Fuller v. Niagara Falls (1920) 48 OLR 332.
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