WHERE FRIGHT IS CAUSED BY THE DEFECT. 221 



jects which are well known to present such an appearance as 

 may be expected to, and naturally will, alarm ordinarily well 

 broken and roadworthy horses, and it is the duty of super- 

 visors of highways to remove all such impediments to safe 

 travel. It makes no difiference that the lumber was not in 

 the travelled route ; the fact that it was piled upon the margin 

 instead of the path of the highway, does not alter the rule of 

 liability, for the result produced in either event is that the 

 travelled route is thereby rendered unsafe. It is the duty of 

 road officers to forbid and prevent the use of the roadside as a 

 place of deposit for private property, particularly if it be of 

 a character to alarm or frighten ordinary horses." It was 

 also held proper, as affecting the question of notice, to admit 

 evidence showing that lumber was often piled at that place, 

 as it was the duty of the township to know that fact and in- 

 terfere.^^* Some other important Pennsylvania cases belong 

 more properly to the next section, where they will be con- 

 sidered. 



In New York a city was held not liable for the shying of a 

 horse caused by a boulder of great size left in its natural place 

 with the road around it, as its removal would have been diffi- 

 cult and the town officers used their discretion in determining 

 to avoid rather than remove it. To make the town liable, 

 the character of the object should be such as to make the 

 frightening of horses an obvious result.^" But a turnpike 

 company was held liable for frightening horses by means of 

 a pile of stones placed by the travelled part of the road for 

 making repairs, when it has received reasonable notice and 

 has neglected to remove them.^^® And it is not essential that 

 they should be so placed as necessarily to frighten horses.^" 

 Where the plaintiff's horses were frightened by the defend- 

 ant's steam boilers which lay between the sidewalk and the 



""North Manheim Tp. v. Arnold, 119 Pa. St. 380. 

 "= Barrett v. Walworth, 64 Umi (N. Y.) 526. 

 "" Eggleston v. Columbia Turnp. Co., 82 N. Y. 278. 

 ™ Wilson V. Spafford, 32 N. Y. St. Repr. 532. 



