234 INJURIES TO ANIMALS ON HIGHWAYS. 



being driven along the street, by the firing of a cannon in an 

 adjoining common under a Hcense granted in pursuance of 

 a city ordinance. The decision was on the ground that the 

 city did not own the common and the person firing the can- 

 non was not its agent or servant and the firing was not its 

 act, but the court did not decide the question as to whether 

 a private landowner would be liable under such circum- 

 stances.^*^ And where blasting is done against a city's orders 

 by those in charge of the work, the city is not liable for the 

 resulting fright of a horse.^** 



One cannot be charged with negligence in shouting to a 

 driver that a team wants to pass him, and frightening horses 

 so as to cause a collision.^^" And an averment that the de- 

 fendant by sliding boisterously in a street contrary to an or- 

 dinance had frightened plaintiffs' horses and made them run 

 away and be injured, was held to state no cause of action, as 

 the violation of an ordinance does not necessarily show neg- 

 ligence. ■^'^^ But where the defendants ran a race and col- 

 lided, frightening the plaintiff's horses and making them run 

 away, an action may be maintained. "Reckless and negli- 

 gent driving on the street and at a rate of speed calculated to 

 frighten horses of ordinary gentleness which are travelling on 

 the same, certainly gives a right of action to a party injured 

 thereby." "^ So, where one wilfully turns a hose on horses 

 and they run away and collide with a wagon, he is liable for 

 the accident." ^^^ 



The fact that a horse is frightened at a bicycle does not 

 render the owner of the latter liable for resulting injuries : the 

 driver of a horse has no rights superior to those of a bicyclist. 

 "It is not the duty of a party lawfully travelling upon a public 

 highway upon a bicycle, when he sees a horse and carriage 

 approaching, to stop and inquire whether the horse is likely 



"" Lincoln v. Boston, 148 Mass. 578. "" Joliet v. Seward, 86 111. 402. 

 "° Pigott V. Lilly, 55 Mich. 150. "' Jackson v. Castle, 82 Me. 579. 

 "' Mittelstadt v. Morrison, 76 Wis. 265. 

 '" Forney z'. Geldmacher, 75 Mo. 113. 



