Davies v. Mann
152 Eng. Rep. 588 (1842)
Author: Jim

Facts: P had tied down his donkey’s feet to keep it from running away and the donkey was left by the side of the road.  D was coming down in his wagon at high speed and hit the donkey and killed it.

Procedure: The trial judge informed the jury that even though the act of P might be illegal, but if proximate cause is attributable to the want of proper conduct on the part of the D, the action was maintainable and P can recover.  The jury ruled for P.

Issue: Can P recover under the given facts?

Holding: Yes

Rationale:  According to the court, even though there was negligence on part of the P, but D could have prevented the accident by use of ordinary care. “Were this not so, a man might justify the driving over goods left on public highway, or even over a man lying asleep there, or the purposely running against a carriage going on the wrong side of the road.”  Introduced the “Last Clear Chance” rule.