Travelled Portion of the Road
... this mishap did occur as described by the Plaintiff late at night when he was returning to his residence after a day of cutting hay. He pulled onto the road when it was dark or near dark and proceeded to drive his machine home. Unfortunately, he pulled off the “traveled” portion of the road which by any common sense definition of the word must be the gravelled portion; that is, the part of the road normally traveled upon by members of the public ... Members of the public, farm or otherwise, do not normally travel in the grassy ditch immediately adjacent to the traveled i.e. graveled portion of the road. It is difficult to see in what circumstances that the Rural Municipality could be held liable for the state of its ditches, which normally are not regularly maintained or graded and are not planned or intended for travel by the public.
Fuhr v. Churchbridge (Regional Municipality) No. 211 |
2013 CarswellSask 610 (Sask. Prov. Ct.) at para. 25
Klause Prov. J.