Davies v. Mann
Exchequer
152 Eng.Rep. 588 (1842)
Relevant factsFree
Davies (plaintiff) tied his donkey by the side of the road, and Mann (defendant), driving his wagon too fast, ran over and killed it; the jury found for Davies, and Mann appealed.
IssueFree
Whether the contributory negligence of a plaintiff will defeat his negligence claim if the defendant could have avoided the consequence of the plaintiff's negligence.