What is the test for a driver who follows the beaten track on his wrong side of the road around a blind corner?

Saskatchewan, Canada


The following excerpt is from Wolowidnyk v. Swideskie, 1935 CanLII 180 (SK QB):

Now it is an undoubted fact that in terms of the road allowance the plaintiff was driving on the left side of the road. In another case, Hicks v. Yuill (unreported) I have held that the party under circumstances similar to these in which the plaintiff was found was guilty of negligence causing an accident when he followed the beaten track on his wrong side of the road around a blind corner. In that case the road had been fully graded but traffic apparently had followed a definite trend and turned at the intersection in an improper manner, yet there was ample room for a car approaching from the west and desiring to go north to go around the intersection in the manner prescribed by law. I, therefore, held that the party was not excused by reason of the fact that he followed the usual track, but that it was his duty, notwithstanding the general trend of traffic, to have made the turn in the proper manner, that is, to the right of the intersection. This case, however, is different in that the road had never been graded and the only track available for traffic was that upon which the plaintiff was driving. It is quite true that the evidence indicates that he could have left the beaten track with absolute safety and turned to the right but that is a result of investigation after the accident. In my view the driver is not required to brave the hidden dangers which might result from adopting such a course, except to turn out to pass traffic. On roads of this character one must always look for rocks or stumps concealed by the growth which might easily wreck a car. Under these circumstances it is my opinion that it was the duty of one situated as was the plaintiff to approach the intersection with care, having his car under control and ready to act in case of emergency. This, I believe, the plaintiff did. Furthermore it is in evidence that he did succeed in clearing the road in time to avoid an accident and that the accident was caused by the defendant turning to the left.

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