Davies v. Mann case brief

Davies v. Mann case brief
1842 

Facts: Plaintiff left a donkey on the road, fettered so it could not have avoided any wagons. A witness saw that the defendant came down an incline at a “smartish” pace and knocked down and killed the donkey. The judge said that even though the donkey was left there fettered illegally if the proximate cause was attributable to want of proper conduct of the driver, the 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. The 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 the opportunity was no longer available to the plaintiff, then the defendant is still liable 

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