What is the common law on the question of priority of passage between a pedestrian and a car?

Saskatchewan, Canada


The following excerpt is from Johnson v. Bitz, 1959 CanLII 241 (SK CA):

In Rex v. Broad [1915] AC 1110, 84 LJPC 247, Lord Sumner, writing the decision of the judicial committee, at p. 251, stated the common law on the question as follows: “Where a highway is crossed at right angles as of right, priority of passage belongs to the first comer; he has a right to be on the crossing, and, so long as he is crossing with all convenient speed, the second comer cannot disregard or object to his presence, but must wait his turn, if he cannot pass clear.”

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