What are the words “out of” and “in the course” of a motor vehicle accident?
Saskatchewan, Canada
The following excerpt is from Morton v. Grand Trunk Pacific Railway, 1917 CanLII 125 (SK CA):
In Fitzgerald v. Clarke [1908] 2 K.B. 796 at p. 799; 77 L.J.K.B. 1018; 99 L.T. 101 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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