Davies v. Mann, 152 Eng. Rep. 588 (1842). Plaintiff had negligently tied his donkey by the side of the road. Defendant, who was riding his wagon at high rate of speed, hit the donkey and the donkey died. At trial, the trial court instructed the jury that even if the act of Plaintiff was negligent, if proximate cause was attributable to the want of proper care on the art of Defendant, Plaintiff can recover against Defendant. The jury ruled in favor of the Plaintiff. The issue facing the appellate court was whether Plaintiff should have recovered in the action. It ruled in the affirmative. The Court reasoned that, even though there was negligence on the part of Plaintiff, Defendant could have prevented the accident by use of ordinary care. The Court noted that, “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.” See: Last Clear Chance Doctrine
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