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Davies v. Mann | 152 Eng.Rep. 588 (1842)

The concept of the last clear chance is one of the law’s more logical concepts. It encourages everyone who’s about to be in an accident to do what can be done to avoid it. An early manifestation of the concept appears in the 1842 English case of Davies versus Mann.

Davies owned a donkey. He’d fettered it, meaning that he’d tied its front legs by a length of rope or chain, so it couldn’t easily run away. Then he left it to graze on the side of a road.

Mann’s servant was driving a team of three horses pulling a wagon, at what witnesses called a smartish pace. His team came down a slight descent toward the donkey, which, being fettered, couldn’t readily get out of the wagon’s way. The team of horses struck the donkey, killing it. Davies sued Mann in the Summer Assizes for the County of Worcester, claiming that the servant’s negligence caused the loss of Davies’s donkey. The trial judge instructed the jury that, even though Davies acted illegally by leaving his donkey fettered on the road, if Mann’s servant could’ve avoided the accident by using reasonable care in driving the team, then the jury should find for Davies, the plaintiff. The jury awarded Davies forty shillings. Mann’s attorney appealed to the Court of Exchequer, seeking a new trial.

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