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Otago Witness, Issue 4041, 25 August 1931, Page 28

A doctrine known legally as that of “ last opportunity ” was explained to a jury by Mr Justice Smith during the hearing of a claim in the Supreme Court at Auckland. His Honor illustrated his meaning by reference to what wag known as the “ Donkey Case,” that of a man who left a donkey hobbled in the middle of the road. A wagon came along and killed the donkey. Although the man who had left the donkey and the wagoner were- both negligent, his Honor said, the wagoner was held responsible, as he had the last opportunity of avoiding the donkey.