Thursday, December 3, 2015

Davies v. Mann case brief

Davies v. Mann case brief
Facts: Plaintiff left a donkey on the road, fettered, so it could not have avoided any wagons. A witness saw that defendant came down an incline at a “smartish” pace and knocked down and killed the donkey. Judge said that even though the donkey was left there fettered illegally, if proximate cause was attributable to want of proper conduct of the driver, action was still maintainable. Motion for a new trial. 
Decision: Plaintiff still wins under last clear chance doctrine
Reasoning: Defendant could have avoided injuring the donkey but he did not. Defendant should still have gone at a pace as to avoid injuring anyone because accident still would have occurred had it been anything else on the road. Defendant was under an obligation not to allow that to happen. 

Holding: If the defendant had the last clear chance to avoid the accident after opportunity was no longer available to the plaintiff, then defendant is still liable 

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