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Après s’être arrêté à Milverton, il s’était rendu à une soirée dansante en compagnie d’un ami à Listowel, puis était revenu à Milverton où il avait repris sa voiture pour reconduire chez elle une jeune fille qu’il avait rencontrée ce soir-là, elle habitait à environ trois milles au nord d’Harriston sur la route 9. Le demandeur ne connaissait pas très bien les routes de la région et sa passagère lui servit de guide de Milverton à Harriston, en passant par Listowel et Palmerston.
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spend the weekend, it was Thanksgiving weekend, with his parents at Durham, north and east of the scene of this accident. He had broken his trip at Milverton and then gone from Milverton to Listowel with a friend to attend a dance and returned to Milverton to pick up his own automobile which he had left during the side trip to Listowel, and drive a young lady whom he had met that night to her home, which home was situated about three miles north of Harriston on Highway No. 9. The plaintiff did not know in detail the roads in the area and so he was guided by his passenger, the young lady, from Milverton through Listowel and Palmerston up to Harriston. This entailed leaving Palmerston on County Road No. 5 which ran approximately straight north and which came into Provincial Highway No. 9 a very short distance, perhaps less than a mile, south of the Town of Harriston. The plaintiff delivered the young lady to her home and spent some time sitting in conversation with her outside her home then left to return to Milverton where he intended to spend the night evidently with his friend. The young lady had warned him that he should watch for the right-hand turn from Highway No. 9 onto County Road No. 5 just south of Harriston but as he drove south on Highway No. 9 he missed the turn. The plaintiff almost immediately thereafter arrived at the scene of the construction, noticed the road was getting rough and observed only one sign, that is a sign upon which he noticed the word “Detour”. Although the plaintiff stated he did not notice it, that sign also bore the words “1000 feet” below the word “Detour”.
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