236 INJURIES TO ANIMALS ON HIGHWAYS. 



that he died, it was held that his executors could recover 

 against the owner of the van. "The wrongdoer has no right 

 to lay down the measure of his own wrong or to limit the free 

 use of the highway to horses which shall only shy when fright- 

 ened and do no further mischief." "* Where one arranges 

 and decorates a wagon to advertise his business by covering 

 it with flags, and draws it through the streets of a city, he is 

 liable for the consequences of the fright of a horse of ordinary 

 gentleness.^ ^^ 



But a property owner on the highway is bound to take care 

 only that objects he has a right to expose are not of a kind 

 to frighten ordinarily gentle and well-trained horses : he is not 

 bound to guard against frightening skittish, vicious and easily 

 frightened animals. So, where a barrel full of whitewash on 

 wheels with a cloth and shovel sticking from it had been left 

 all day at the side of a highway, it was held that the jury 

 should have been instructed that, unless there was something 

 extraordinary in its appearance which would frighten gentle 

 horses, it was not negligence to use it and that its reasonable 

 use for the time required for whitewashing the defendant's 

 fences would not subject him to liabihty for the fright it 

 caused horses. ■'^^ And where a contractor for building a mac- 

 adamized road covered a steam roller with canvas and left 

 it over Sunday at the side of the road, he was held not liable 

 for frightening horses, as the plaintiff should have turned 

 back or got out and taken his horse by the head.^^^ But, in 

 Wisconsin, a city was held liable for the fright of a horse at 

 large wooden rollers left in the street by its agents.^*^ And 



"° Harris v. Mobbs, 3 Ex. D. 268. '*° Jones v. Snow, 56 Minn. 214. 



Whether hanging coats on a street sprinkler tends to frighten horses, 

 is a question for the jury: McCann v. Consold. Trac. Co., 59 N. J. L. 481. 



"' Piollet V. Simmers, 106 Pa. St. 95. 



"'^ Keeley v. Shanley, 140 Pa. St. 213. 



So, tiles placed on the side of a highway and partially concealed were 

 held not to constitute evidence of negligence: MacDonald v. Yarmouth 

 Tp., 29 Ont. 259. 



"° Hughes V. Fond du Lac, 73 Wis. 380. 



But it was held not negligence to leave a top buggy, with the top half 



