RULE THAT MUNICIPALITY IS LIABLE. 207 



In Georgia the negligent failure to put rails at the side of 

 a street or bridge renders the city liable as against one whose 

 horses are at the time frightened and running away.^" 



In Iowa an action against the city may be maintained for 

 a defect in the highway, though the primary cause is an ac- 

 cident, as the running away of a horse, the breaking of a car- 

 riage, harness, etc., if the plaintifif was not at fault.^^ But 

 where the plaintiff securely tied his horse to a post on a street 

 running along a precipitous ravine which was unfenced and 

 the horse, becoming frightened, broke loose, ran along the 

 street and plunged down the precipice, it was held that the 

 city was not liable.®^ 



In a later case Moss v. Burlington, supra, was thus com- 

 mented on : "In that case the horse was not being driven by 

 the owner, so that if it were possible he could have controlled 

 it and directed its course. He had left it tied to a post. The 

 city was not liable for the insufificient fastening of the horse, 

 or for its escape through fright from sufficient fastenings. 

 The plaintiff's injury was caused by the escape of the horse. 

 After it escaped it was free to go anywhere. In the case be- 

 fore us, plaintiff was attempting to exercise control of his 

 horse. Had there been no defect in the street, the accident 

 would not have happened." The city was accordingly held 

 liable.^* So, if a horse backs off of the approach to a bridge 

 where ordinary care required a railing to be placed.®* 



In Indiana it was held in Crawfordsville v. Smith,'® adopt- 



" Atlanta v. Wilson, 59 Ga. 544; Wilson v. Atlanta, 60 id. 473; Augusta 

 V. Hudson, 94 id. 13s, disapproving of Brown v. Laurens Co., 38 S. C. 

 282, cited in § 65, infra. 



" Manderschid v. Dubuque, 25 la. 108, expressly disapproving of Davis 

 V. Dudley, 4 Allen (Mass.) 557, cited in § 62, supra. 



°! Moss V. Burlington, 60 la. 438. 



°^ Byerly v. Anamosa, 79 la. 204. 



" Miller v. Boone Co., 95 la. S, distinguishing McClain v. Garden Grove, 

 83 id. 235, where the horse's falling against a rail which gave way was 

 caused by disease or his being improperly harnessed. And see Gould v. 

 Schermer, loi id. 582; Faulk v. Iowa County, 103 id. 442. 



'■'■ 79 Ind. 308. 



