NEGLIGENCE--THE DOCTRINE OF LAST CLEAR CHANCE

Authors

Abstract

Generally conceded to have originated in the famous donkey case of Davies v. Mann, 10 M. & W. 546, the doctrine of last clear chance has been the subject of infinitely varying judicial interpretations. Indeed, the original case itself seems to be clear neither as to the precise facts nor the reasons for the decision. Suffice it for the purpose of this discussion that the owner who had negligently turned his donkey into the road with its feet fettered was allowed to recover for its death resulting from a collision with a negligently driven wagon. Thus was started on its journey the doctrine which is readily conceded to be desirable as ameliorating the strict application of the original rule that any showing of contributory negligence precluded a recovery by the party guilty thereof, for it is recognized that the application of the doctrine of last clear chance arises only where the plaintiff has been negligent, yet seeks to hold the defendant on the ground that the defendant had the last clear chance to avoid the catastrophe.

Recommended Citation

NEGLIGENCE--THE DOCTRINE OF LAST CLEAR CHANCE, 21 Mich. L. Rev. 586 (1923).
Available at: https://repository.law.umich.edu/mlr/vol21/iss5/8