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.

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