New! H2O now has access to new and up-to-date cases via CourtListener and the Caselaw Access Project. Click here for more info.

Main Content

Casebook Read Credits
Torts - Spring 2016 full version
Resource 19 . 1
3 minutes

Davies v. Mann

Samantha Bates,
Jonathan Zittrain

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.

This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.