Does a plaintiff have a duty to others using the highway to avoid injury?
Saskatchewan, Canada
The following excerpt is from Wilcox v. Knock, 1944 CanLII 171 (SK QB):
There is no suggestion that the plaintiff himself is guilty of negligence. Being rightfully in a truck on the highway, others using the highway had a duty to him to use reasonable care to avoid injuring him: Hambrook v. Stokes Bros., supra.
Although there was no duty on him to keep a lookout he was keeping a lookout and sounded a warning. He saw the defendant’s truck before Haaland, because he was sitting on the right side and had the first view of the truck coming around the bend. There was no negligence on his part: Tollpash v. C.N.R., supra; Booth v. Grieve, supra.
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