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Zittrain Torts Playlist Spring 2013

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.