210 INJURIES TO ANIMALS ON HIGHWAYS. 



Ill Michigan, where a horse shied at an object by the road 

 and the wagon struck a log, but there was no evidence that 

 the horse was running away or uncontrolled, the court below 

 charged that if the cause of the injury was not the want of re- 

 pair in the highway but the fright of the horse, the plaintifif 

 could not recover. This was held to be too favorable to the 

 defendant, as it could not be said as matter of law that the 

 mere shying of the horse and not the obstruction in the high- 

 way was the proximate cause of the injury.®'^ But where a 

 horse hitched in front of a shop was frightened by the fall of 

 a window-sash and ran down the street and was injured by a 

 pile of iron rails against the curb, the street being one hun- 

 dred feet wide, it was held that the fright of the horse and 

 not the piling of the rails was the proximate cause of the in- 

 jury.®* In a later case the rule is said to be that "if there be 

 no fault on the part of the plaintifif, and the loss be the com- 

 bined result of accident and the insufficiency of the road, the 

 plaintiff may recover." ^^ 



Where the backing of a horse off a bridge was not caused 

 by the defective condition of the bridge, it was held imma- 

 terial whether the railing of the bridge was sufficiently strong 

 or not.^° 



In Minnesota, where a horse frightened by a street car ran 

 away and the driver was injured by collision with a dangerous 



" Langworthy v. Green Tp., 95 Mich. 93. And see Gage v. Pontiac, 

 O. & N. R. Co., 105 id. 335, whete the company was held liable though 

 the horse's shying contributed to the accident. 



™ Bleil V. Detroit St. R. Co., 98 Mich. 228, approving of some of the 

 cases cited in § 62, supra. And see Lambeck v. Grand Rapids & I. R. 

 Co., 106 id. S12; Murphy v. Mich. Cent. R. Co., 107 id. 627; Doak v. 

 Saginaw Tp. (Mich.), 78 N. W. Rep. 883. 



™ Shaw V. Saline Tp., 113 Mich. 342, following Gage v. Pontiac, O. & 

 N. R. Co., supra. 



™ St. Clair Mineral Springs Co. v. St. Clair, 96 Mich. 463. And see 

 Kingsley v. Bloomingdale Tp., 109 id. 340; White v. Riley, 113 id. 295; 

 Bratfisch v. Mason Tp. (Mich.), 79 N. W. Rep. 576. 



The approach to a bridge constitutes a part of such bridge: Shaw v. 

 Saline Tp.. supra. 



