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My favorite passage in a judicial opinion - link
| ,.,,.,.,,,,,,..................... | 02/08/26 |
| Kenneth Play | 02/08/26 |
Poast new message in this thread
Date: February 8th, 2026 8:39 PM Author: ,.,,.,.,,,,,,..................... Davies v. Mann, 152 Eng. Rep. 588 (1842) established what became known as the “last clear chance” rule, a common law mechanism for shifting the unfairness of the harsh rule of contributory negligence from the plaintiff to the defendant. See Restatement (Second) of Torts s 479 (1965). The rule declared that if the defendant had the last clear chance to avoid the accident and negligently failed to exercise it, the defendant was wholly responsible to the plaintiff, even if the plaintiff was also negligent. Id. In Davies, the defendant ran his wagon into the plaintiff's donkey, which the plaintiff had left fettered alongside a public way, killing it. Davies, 152 Eng. Rep. at 588. The tragic plight of Davies' donkey has inspired even judges to wax poetic:
The groans, ineffably and mournfully sad, of Davies' dying donkey, have resounded around the earth. The last lingering gaze from the soft, mild eyes of this docile animal, like the last parting sunbeams of the softest day in spring, has appealed to and touched the hearts of men. There has girdled the globe a band of sympathy for Davies' immortal “critter.” Its ghost, like Banquo's ghost, will not down at the behests of the people who are charged with inflicting injuries, nor can its groanings be silenced by the rantings and excoriations of carping critics. Fuller v. Illinois Cent. R.R., 56 So. 783, 786 (Miss. 1911) (McLean, J.). |
Date: February 8th, 2026 8:43 PM Author: Kenneth Play (emotional girth) (http://www.autoadmit.com/thread.php?thread_id=5832653&forum_id=2\u0026mark_id=5310900#49656843) |