238 INJURIES TO ANIMALS ON HIGHWAYS. 



where the licensee exhibits in a public street through the neg- 

 ligence of city officers, the city is not liable.^*^ 



A city which has, for a compensation, granted the right to 

 erect a booth on one of its public squares for the use and ex- 

 hibition of an ox, is not liable for an injury occasioned by its 

 frightening a horse by emitting an ofifensive odor, while exer- 

 cising upon the highway outside of the booth.^®* And where 

 an injury happened to the plaintiff as a result of his horse's 

 taking fright at an elephant passing in a highway in charge 

 of a keeper, it was held that to make the owners liable it would 

 have to be shown that this was the effect of an elephant's ap- 

 pearance upon horses in general, and that the owners knew 

 that fact.^*^ The owner of a turkey-cock which without neg- 

 ligence strays upon the highway, contrary to a by-law of the 

 municipality, is not liable for damages resulting from a horse's 

 fright at the bird acting as turkey-cocks usually do.^** 



Going through a militia drill in the public places of a city 

 has been held a malfeasance that will render the captain liable 

 for the running away and killing of a horse frightened 

 thereat.**" 



A railway company maintaining a derrick which projected 

 over the highway, in order to load and unload freight in cars, 

 if it would naturally frighten passing animals, is liable for the 

 injuries sustained by a traveller driving his horse with due 

 care.**^ 



Where a horse was frightened by the fluttering of a tidy 

 in a chair belonging to a gate-keeper near the gate of a bridge, 



"' Little V. Madison, 49 Wis. 605, explaining the above case on the 

 ground that there the city expressly authorized the show in that particular 

 spot, while here, no place being stated, the license was confined to ex- 

 hibiting in some suitable place. 



"" Cole V. Newburyport, 129 Mass. 594. 



™ Scribner v. Kelley, 38 Barb. (N. Y.) 14. 



"" Zumstein v. Shrumm, 22 Ont. App. 263. 



"' Childress v. Yourie, Meigs (Tenn.) 561. 



'" Jones V. Housatonic R. Co., 107 Mass. 261. And see Lawson v. Al- 

 liston, 19 Ont. 655. 



