KULE THAT MUNICIPALITY IS LIABLE. 209 



at a street corner to protect a sidewalk, where the stone does 

 not interfere with reasonable travel on the street.®^ In Joliet 

 V. Shufeldt ®* the rule in Massachusetts, Maine and Wiscon- 

 sin was expressly dissented from, and it was held that the city 

 is liable though the accident would not have happened if the 

 harness had not broken and the horse run away. But where 

 a runaway team frightened a horse hitched to a post set up 

 by the city and the horse broke the post and ran against and 

 injured a person in the street, the injury was held too remote 

 to render the city liable. "If there may be supposed to be 

 any duty resting upon the city in regard to the sufficiency of 

 the posts, as arising from having undertaken to set them, 

 there could be no such duty to see that absolutely safe posts 

 were set." *^ 



In Kansas the general rule adopted in the above cases was 

 followed and a city was held liable for an injury to a horse 

 running away without the driver's fault.®* 



In Kentucky the exact point does not appear to have 

 arisen. Where a road ran along a steep embankment and 

 the plaintiff's horse shied and fell down the bank, which was 

 unfenced, the turnpike company was held liable, whether or 

 not the plaintiff knew of the condition of the road.®® 



In Maryland the plaintiff's recovery is not affected by the 

 fact that his horses were frightened or running away at the 

 time. "To make a road safe, the track must be wide enough 

 to allow for the possible shying and starting of teams, with- 

 out danger to those travelling with them of being thrown over 

 embankments or against obstacles in or along the road." ®® 



"^ Bureau Junction v. Long, 56 III. App. 458. 



"'' 144 111. 403, affirming 42 111. App. 208. "' Rockford i;. Tripp, 83 111. 247. 



" Union St. R. Co. v. Stone, 54 Kan. 83. And see Topeka v. Hemp- 

 stead, 58 id. 328. 



"^ Southworth v. Owenton & S. G. Tump. Co., 91 Ky. 485. And see 

 Henderson & C. Gravel-Road Co. v. Cosby (Ky.), 44 S. W. Rep. 639; 

 Canton, C. & H. Tump. Co. v. Mclntire (Ky.), 48 id. 980. 



™ Bait. & H. Turnp. Co. v. Bateman, 68 Md. 389. And see Kennedy 

 V. Cecil Co. Commrs., 69 id. 65. 

 14 



