Shafkind v. Kroll

The sole question is whether, in these consolidated jury-tried traffic accident cases, the trial judge should have granted plaintiffs’ timely request for instruction that the defendant motorist could, depending of course on jury view of the presented facts, be held liable for what we call subsequent or discovered negligence. See—in Prosser on Torts (2d ed), § 52, p 291—discussion of what, since Davies v. Mann, 10 M & W 546 (152 Eng Rep 588, 19 Eng Rul Cas 190), has been known as the “jackass doctrine.” * The jury returned a general verdict for defendant. Judgments for defendant thereupon…