Main Content
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.
This book, and all H2O books, are Creative Commons licensed for sharing and re-use. Material included from the American Legal Institute is reproduced with permission and is exempted from the open license.