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The doctrine became known as the "last clear chance" or "last opportunity rule" doctrine: if the defendant did not take the opportunity of using reasonable care to take the last clear chance to avoid injury, the contributory negligence of the plaintiff is not a bar to recovery.
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The court ruled that since the defendant had an opportunity to avoid the accident by driving with reasonable care (as opposed to driving too quickly at a "smartish pace"), it was the defendant's negligence that really caused the accident.
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The case concerned an accident in which a donkey, belonging to the plaintiff, was killed after a wagon, driven by the defendant, collided with it. The plaintiff had left the donkey on the side of the road while it was
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31:, 152 Eng. Rep. 588 (1882), was an English case that contained the first formulation of the "
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A wagon accident involving a hapless donkey had significant reverberations in tort law.
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35:" or “last opportunity rule” doctrine in
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129:Aspen Publishers, New York. page 361
127:The Torts Process, Seventh Edition.
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111:Fuller v. Illinois Central R.R.
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70:Butterfield v Forrester
49:contributory negligence
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160:English tort case law
91:Winterbottom v Wright
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170:1842 in British law
155:Negligence case law
84:Paris v Stepney BC
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138:Henderson, p. 362
33:last clear chance
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165:1842 in case law
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122:Henderson, J.A.
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149:Categories
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37:negligence
63:Case law
45:fettered
124:et al.
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