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Torts Keyed to Prosser
Davies v. Mann
Citation:
10 M. & W. 546, 152 Eng.Rep. 588
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Davies (plaintiff) fettered, or restrained, the front feet of his donkey. He let the donkey graze on the side of a public highway. Mann’s (defendant) wagon sped down the highway at “a smartish pace.” The wagon, driven by a team of three horses, struck and killed the donkey. Davies sued Mann to recover for damages. At trial, the judge instructed the jury that even if it was illegal to leave the donkey on the side of the highway, if the cause of the injury was attributable to Mann, then Mann should be found liable. The jury found for Davies, awarding him damages in the amount of forty shillings. Mann appealed, moving for a new trial.
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Topic Resources
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