What is the test for determining whether a plaintiff failed to return to the west side of the road after colliding with another vehicle?
Saskatchewan, Canada
The following excerpt is from Giesbrecht v. L. V. Wolfe & Sons (No. 2), 1946 CanLII 183 (SK CA):
The answer of the jury must be read in the light of the evidence and of the Judge’s charge: Jensen v. C.N.R. 1943 CanLII 133 (SK CA), [1943] 2 W.W.R. 109, 56 C.R.T.C. 89. So read the answer to question 3 means that the said plaintiff failed to return to the west side of the road either at all or as soon as a reasonably prudent man would have done, and that the collision was caused by his negligence in failing to do so.
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