Scheduled Maintenance Notice: H2O will be undergoing maintenance on Weds, July 30. Some features may be temporarily unavailable during this period. Thank you for your understanding.

Main Content

Torts - Fall 2015 Reading Group

Davies v. Mann

Even if another actor was initially negligent, should a defendant who has the 'last clear chance' to avoid an accident be made to pay if he or she fails to do so? The plaintiff illegally left his donkey fettered on a public highway. Defendant--who was driving his wagon at a "smartish" pace--ran over and killed the donkey. The accident may have been avoided if the defendant had been driving more slowly.