What are the words "out of" and "in the course of" in a motor vehicle accident?
Saskatchewan, Canada
The following excerpt is from Conyea v. Canadian Northern Railway Co., 1913 CanLII 288 (SK CA):
In Fitzgerald v. Clarke (1908) 2 K.B. 796, at p. 799, 77 L.J.K.B. 1018, Buckley, L.J., says: "The words 'out of' point I think to the origin or cause of the accident; the words 'in the course of' to the time, place and circumstances under which the accident takes place."
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