What is the duty of a village to prevent a motor vehicle driver from going over a culvert?

The duty thus imposed on the village is a relative duty. This was made clear by the judgment of this Court in Shupe v. Pleasantdale R.M. 1932 CanLII 191 (SK CA), [1932] 1 W.W.R. 627. Very little evidence was given by which this duty might be gauged in so far as this action is concerned. It was suggested that there should have been some posts leading up to the culvert and if the accident had happened at night such a contention would have been entitled to a great deal of weight. But the accident in question happened in broad daylight, in the middle of the afternoon of August 7. Ondik should not have required anything but his two eyes to tell him that there was a ditch on the west side of that culvert. If the team in front of him was obstructing his way he should have waited. According to his own evidence he was only going three miles an hour. Evidently he was not in a hurry, yet he took the risk of leaving the travelled portion of the street and went over a portion which had not been travelled before.