224 BOARD OF AGRICULTURE. [Pub. Doc. 



of reasonable care. In the' case of State roads, the Com- 

 monwealth itself becomes liable for such defects ; but by a 

 st-atute passed in 1890, no count}^, city or town is liable for 

 an injury caused solel}^ hy snow or ice on the highway, if it 

 is otherwise reasonably safe. In case of injury, notice 

 must be given within a certain time thereafter to the party 

 liable ; and under the present statute the amount of recov- 

 ery is limited to $4,000 for an}' injur}' and $1,000 in case 

 of death. This limitation was created some years ago by 

 the Legislature, in consequence of the difficulty experienced 

 by the small towns in })aying adequate damages in cases of 

 extraordinary accidents. 



It is quite immaterial to a recovery of damages that the 

 defect was caused by the wilful or negligent act of a third 

 person. A town that is bound to keep a road in repair is 

 bound to remedy the defects, however caused. If the in- 

 jured person knows of the defect, and of the risk he is 

 taking in using the highway under such circumstances, he 

 will be held guilty of contributory negligence, and so can- 

 not recover. If a traveller on the highway loses complete 

 control of the horse he is driving, and that loss is not merely 

 momentary, he cannot recover, though the way is defective, 

 if he receives an injury. 



Formerly, one who was travelling merely for pleasure on 

 Sunday and was injured by a defect in the highway could 

 not recover, because his own unlawful act Avas held to be 

 contributory to the injury ; but in a later case the coiu't 

 drew the somewhat narrow distinction that if a pleasure 

 traveller was injured by a dog on Sunday he could recover 

 against the owner of the dog. This case has been put into 

 verse, and dealt with thus humorously (see White v. Lang, 

 128 Mass) : — 



Now, J. P. Lang a clog possessed, 



As many dogs you find, 

 Whose bounden dutj' thought it was 



To bark at all mankind, — 

 To bark and growl and eke to l)ite 

 Each passing steed or luckless wight. 



