CHARACTER OF OBJECTS CAUSING FRIGHT. 237 



where the defendant farmed land at the side of the highway 

 and his servant removed a roller and set it on the margin of 

 the road and it frightened a pony driven by the plaintiff's wife, 

 thereby causing her death, a verdict that the accident was due 

 to unreasonable user of the highway by the defendant was 

 held warranted by the evidence.^** But a heap of manure 

 in a field near the road covered with a tarpaulin is not such 

 an object as makes the defendant liable; otherwise "country 

 life would be impossible." ^®^ 



A municipality has been held liable for a horse taking fright 

 at a banner suspended across the street ;^^® at a tripod in the 

 highway with a vessel containing syrup and a fire underneath 

 it to manufacture candy ;^®'^ at a scraper left by a workman 

 who had been digging a ditch ;"^ and at the carcass of a dead 

 animal, where there has been negligence.^*® So, where one 

 left a sick and disabled cow in the highway where it was rea- 

 sonable to suppose it would die and its body would frighten 

 horses, this was held sufficient to justify a verdict for the 

 plaintiff.^*" But the owner of a dog who removes its carcass 

 to a safe place, is not liable for its removal to a highway by 

 boys, thereby causing injury to a frightened horse."^ 



A city licensing the exhibition of wild animals in a partic- 

 ular place is liable for the fright of horses thereat ;^®^ but 



down and without the front wheels, twelve feet from the middle of a high- 

 way running through a wood, the buggy being a type in common use 

 in the locahty: Kumba v. Gilham (Wis.), 79 N. W. Rep. 325. 



•*'Wilkins v. Day, 12 Q. B. D. no. 



Where a servant, in delivering bran for his master, left several bags 

 by the roadside in order to save unnecessary transportation and give him 

 time to attend to his private business, it was held that he was acting in his 

 master's employment, and that the latter was liable for an injury caused by 

 the fright of a horse at the bags: Phelon v. Stiles, 43 Conn. 426. 



"" Gibson v. Stewart, 21 Rettie (Sc. Ct. Sess.) 437. 



•'" Champlin v. Penn Yan, 34 Hun (N. Y.) 33. 



"' Rushville v. Adams, 107 Ind. 475. 



"* Weatherford v. Lowery (Tex. Civ. App.), 47 S. W. Rep. 34. 



"° Fritsch v. Allegheny, 91 Pa. St. 226. 



"*' Hindman v. Timme, 8 Ind. App. 416. 



'" Davis r. Williams, 4 Ind. App. 487. ^"^ Little v. Madison, 42 Wis. 643. 



