Does a defendant have a duty to maintain a night-time warning post on a street where there is no inherent danger in obstructing the roadway?
Saskatchewan, Canada
The following excerpt is from Matheson v. Patrick Construction Company, 1953 CanLII 178 (SK QB):
In my opinion the defendant followed the usual practice in placing planks and lighted lanterns to warn the public of the dangerous condition of the street, but the question remains whether the defendant was under a duty to maintain the warnings throughout the night, which would have necessitated the employment of a night watchman. The cases in which there was no inherent danger in an obstruction are not applicable. See Donovan v. Union Cartage Co. [1933] 2 KB 7, 102 LJKB 270.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a multi-defendant class action be certified if there is no cause of action against each defendant? (Saskatchewan, Canada)
Is there any case law where a defendant was not aware of the unusual danger caused by moisture on the floor into which a plaintiff stepped into? (Saskatchewan, Canada)
What is the test for a defendant to successfully defend a claim for trespass on another person's land? (Saskatchewan, Canada)
Does a defendant have to defend their claim against a plaintiff? (Saskatchewan, Canada)
Can a defendant cross-examine his co-defendant’s evidence? (Saskatchewan, Canada)
What is the test for a defendant to prove that snow and ice on a parking lot constitutes an unusual danger? (Saskatchewan, Canada)
What constitutes an "unusual danger" to a person who is in possession of an unoccupied building? (Saskatchewan, Canada)
Can a plea of justification be defended as to the truth of any defamatory statements in a series of articles? (Saskatchewan, Canada)
Is there any case law where a defendant piled snow up on either side of a walkway requiring a higher level of inspection? (Saskatchewan, Canada)
Can a defendant at trial advance the defence of misrepresentation at trial? (Saskatchewan, Canada)
