242 INJURIES TO ANIMALS ON HIGHWAYS. 



nre, a practical question, what obstructions a town is obliged 

 to remove. "'^'' 



Where a bridge was safe it was held that the company were 

 not liable for an injury to the plaintifif by the stepping of a 

 mule through a hole out of the usual route.^^^ But where a 

 street was laid out for its whole width for travel, it was held 

 that where one was injured by his horse's stepping on sticks 

 that were on a part of the street not usually travelled upon, 

 the fact that he did not see the sticks was not contributory 

 negligence.^^* And where a horse going off a highway by 

 reason of a defect therein, fell upon a fence and was injured 

 while he was being removed with reasonable care, the town 

 was held liable.^'® 



It was held in a Massachusetts case that where a traveller 

 upon a highway stopped and ti^d his horse outside of the 

 limits of the highway and the horse got loose and ran on the 

 highway and was injured, he could not maintain an action 

 against the town. "The injury to the plaintiff's horse was 

 the result of causes which happened outside of the limits of 

 the highway, as well as of causes which happened within it. 

 Both contributed to the accident." ^^* 



The lessees of a ferry are liable for an injury sustained by 

 a horse from a defective rail, of which they knew, giving way, 

 although the horse was at the time under the control and 

 management of its owner.^^'' And where railings of an in- 



'" Howard v. North Bridgewater, i6 Pick. (Mass.) 189. The dictum 

 as to obstructions that would frighten horses is commented on in Davis 

 V. Dudley, 4 Allen (Mass.) SS7. 



So in Michigan and Missouri only the portion of the high-way in use 

 need be kept in repair: Whoram v. Argentine Tp., 112 Mich. 20; Hanni- 

 bal V. Campbell, 86 Fed. Rep. 297. 



'" Patterson v. South. & North. Ala. R. Co., 8g Ala. 318. 



'"Saylor v. Montesano, 11 Wash. 328. And see Boltz v. Sullivan 

 (Wis.), 77 N. W. Rep. S70. 



"° Tuttle V. Holyoke, 6 Gray (Mass.) 447. 



"° Richards v. Enfield, 13 Gray (Mass.) 344. 



'" Willoughby v. Horridge, 12 C. B. 742. And see Radway v. Briggs, 

 37 N. Y. 256. 



