What is the meaning of the word “out of” and “in the course” in a motor vehicle accident?
Saskatchewan, Canada
The following excerpt is from Kennedy v. Grand Trunk Pacific Railway Co., 1913 CanLII 186 (SK CA):
Buckley, L. J., in Fitzgerald v. Clarke, [1908] 2 K.B. 796, at 799, 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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