TITLE III. 

 RIGHTS OF OWNERS OF ANIMALS. 



CHAPTER III. 



INJURIES TO ANIMALS ON HIGHWAYS. 



62. Injuries resulting from acci- 65. Where fright is caused by the 



dental fright and a defect in defect. 



the highway; the Massachu- (£. Character of objects causing 



setts rule. fright. 



63. Exceptions to the above rule 67. Injury from other causes. 



where the lack of control is 68. Contributory negligence, 

 but momentary. 69. Evidence; damages. 



64. The rule that the municipality 



is liable in such cases. 



62. Injuries Resulting from Accidental Fright and a Defect in 

 the Highway; the Massachusetts Rule A very common ele- 

 ment in injuries received by or through animals in public 

 places is fright, making them, for a time at least, pass out of 

 the control of those in charge of them and become factors in 

 working their own harm or that of others.^ Complicated 

 questions of responsibility and of cause and effect naturally 

 arise in such cases, and it is not surprising to find that decided 

 dififerences of opinion exist as to the persons on whom the 

 final liability rests. We shall consider, in the first place, the 

 position of municipal corporations with respect to injuries 

 sustained by reason of frightened animals coming in contact 

 with a defect in a road, bridge, etc., where the fright is not 



^ For the liability of railway companies for injuries resulting from the 

 fright of animals, see § 133, infra. 

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