292 STATE BOARD OF AGRICULTURE. 



moment until she becomes an invalid, is the farmer's wife. If the farmer 

 should allow his oxen or his horses to work as unceasingly as his wife does, he 

 would be liable to fine and imprisonment under the statutes of the State. All 

 farmers are not alike. There are many noble exceptions to what I have been 

 saying. God made the country and adorned its hills and valleys with a beauty 

 and grandeur which ought not to be too much sacrificed by the negligence of 

 man. 



Negligence is that want of reasonable care which should be exercised by a 

 person of ordinary prudence under all the circumstances. A farmer comes to 

 the city with his team, wagon, and family to do a little trading. He hitches 

 his horses in a loose, careless, and negligent manner, or perhaps, as is some- 

 times the case, neglects to hitch them at all. His team becomes frightened 

 at some little disturbance and goes dashing through the crowded streets, smash- 

 ing buggies and carriages, and often injuring or killing women and children. 

 He cannot shield himself from liability by calling it an accident. Unhitched 

 horses are taken up by the police almost every day in cities. A farmer owned 

 a horse which was accustomed to bite persons who came within his reach. He 

 was so vicious in this respect that he was provided with a muzzle when in places 

 where there was opportunity for him to bite persons. The farmer drove him 

 to town, hitched him near the sidewalk where people were passing, and neg- 

 lected the muzzle. The consequence was that a passer-by was badly bitten. 

 The farmer was compelled to pay the damages and costs, which were more 

 than the horse was worth. Absent-mindedness is no excuse for negligence. 



A few years ago a Mr. Joslin drove his team and carriage to the county poor- 

 house in Clinton county, in this State, and hitched his team to a post by the 

 side of the traveled highway, and in such a manner that the carriage stood out 

 diagonally in the street between sixteen and seventeen feet. Mr. Le Baron, in 

 driving along the road with a team and lumber wagon, the hub of one wheel 

 of his wagon caught the wheel of Joslin's carriage, overturned, broke, and 

 otherwise damaged his carriage. It seemed that Joslin had so hitched his 

 horses that a slight backing of one foot would necessarily bring the wheel into 

 the traveled track, and that, as Le Baron was passing, the horse did so back, 

 Avhich caused the collision. Joslin sued Le Baron for the injury to the car- 

 riage ; and the case was taken to the supreme court twice. It was finally decided, 

 and the court held, that the manner in which Mr. Joslin had left his team was 

 such negligence, in itself, as would preclude him from complaint for such a 

 mishap. Nothing else, says the court, could be expected, without very consid- 

 erable care and forethought on the part of a passer-by. You can better imag- 

 ine than I can state the costs of this litigation to Mr. Joslin, besides the dam- 

 age to his carriage for this careless manner of hitching his team, and which a 

 moment's thought and attention might have avoided. 



In connection with this subject may be mentioned the use of fire in clear- 

 ing land. To set fire to brush, stubble, wood, timber, grass, or other material 

 which may incumber one's land, is a lawful act, for which no liability can be 

 incurred, unless the fire were kindled at an improper time, were carelessly 

 managed, or something of negligence can be shown. A proprietor setting fire 

 on his own land, is not an insurer that no injury shall happen to his neighbor, 

 and negligence or misconduct is the gist of the liability, and the burden of 

 proof of negligence is on the person who claims to have been injured. The 

 destruction of property by fire does not raise a presumption of negligence. 

 Every person has a right to kindle a fire on his own land for the purposes of 

 husbandry, if he does it at a proper time, and in a suitable manner, and uses 



