Is it negligence to travel at four miles an hour (1.5 km/h) around a hole in the road?
Saskatchewan, Canada
The following excerpt is from Hutton v. Stonehenge (Rural Municipality) No. 73, 1922 CanLII 257 (SK QB):
I am not at all satisfied that this was sufficient to bring to either the plaintiff or her son knowledge of the presence of the hole, so as to constitute it negligence to travel at four miles an hour. Moreover, the plaintiff is an old lady, seventy-three years of age; the driver was her son, of mature years, and she would naturally; leave it to him to drive according to his judgment. Any contributory negligence on the part of the driver would not defeat her claim. Smith v. C.P.R., 1921 CanLII 37 (SCC), 62 S.C.R. 134 [1921] 3 W.W.R. 300.
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