What is the test for a train company to limit its rate of speed?
Saskatchewan, Canada
The following excerpt is from Forrester v. Canadian National Railways, 1920 CanLII 101 (SK CA):
It was urged that the learned trial Judge was not justified in holding that there was excessive speed on the part of the appellant’s train, or that there was any obligation on the part of the appellant to approach the station cautiously, under control and prepared to stop. In effect, the learned trial Judge finds that the place where the accident took place was not a thickly populated part of the village, and I think that the evidence justifies such a finding. Under those circumstances there was no obligation on the part of the railway company to limit its rate of speed. See Andreas v. C.P.R., 1905 CanLII 26 (SCC), 37 S.C.R. 1.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law supporting the argument that the Hudson's Bay Company is an "exceptional company"? (Saskatchewan, Canada)
How has the insurance company been assessed in the context of an insurance company’s misapprehension and error? (Saskatchewan, Canada)
What is the test for a jury to find that a train whistle or whistle was not followed or followed by train officials at a level crossing? (Saskatchewan, Canada)
How have shares in a company been entered on the books of the company and transferred in trust? (Saskatchewan, Canada)
Is a plaintiff entitled to a jury's opinion upon any reasonable excuse given by a railway company to look out for the approach of a train? (Saskatchewan, Canada)
In what circumstances will a train company be held liable for failing to provide adequate facilities for alighting at Lefroy station? (Saskatchewan, Canada)
Is a director personally liable for a payment made by the directors of a company to shareholders in the insurance company? (Saskatchewan, Canada)
Is there any case law where directors, vendors, syndicate, associates, and/or associates of a company, who are not directors of the company, are required to retain all of the proceeds of a fraudulent scheme? (Saskatchewan, Canada)
What is the current state of the law on the value of a fire insurance company’s insured property? (Saskatchewan, Canada)
What is the test for a judge's interpretation of the limitation period? (Saskatchewan, Canada)
