Davies v. Mann
Exchequer England - 1842
Facts:
- P's donkey was grazing off the side of the road and was staked there by P.
- D's wagon came barrelling down the road and hit and killed the donkey.
Procedural History:
- Jury found for P.
- Exchequer affirmed, found for P.\
Issues:
- If the D had the opportunity to avoid the accident after the opportunity was no longer available to the P, who should bear the loss?
Holding/Rule:
- If the D had the opportunity to avoid the accident after the opportunity was no longer available to the P, D should bear the loss.
Reasoning:
- D was bound to go down the road at such pace as would be likely to prevent mischief.
- Even though the animal may have been in that position improperly, D had the opportunity to avoid hitting it if he had not been negligent.
Dissent:
Notes:
- The doctrine of last clear chance!
- Contributory negligence jurisdictions use some form of the doctrine of last clear chance.
