244 INJURIES TO ANIMALS ON HIGHWAYS. 



the town.^^^ A navigation company is liable for a defect 

 in a towpath whereby horses fall into the water and are 

 drowned.^^* 



A city is liable for an injury to a horse caused by glass neg- 

 ligently left in a street.^^^ And a street car company may be 

 enjoined from scattering salt on its lines, after removing 

 snow, to the injury of horses.^^^ 



Where the plaintiff drove a steam thresher over a bridge 

 and it broke down, injuring the horses and machinery, the 

 question whether such a use of a bridge was so unusal that 

 it was not to be anticipated, was held to be for the jury.^^^ 

 So, a town is liable for an injury to an elephant from a defect 

 in a highway if, in the opinion of the jury, an elephant at the 

 time and place and under the circumstances was an animal 

 which it was reasonably proper to take over a highway kept 

 for the reasonable use of the public.^^* 



Where the plaintiff's horse is injured while standing in the 

 street by the carelessness of the defendant's servant driving 

 into him, the defendant is liable for the damage. ^^® And 

 where an ass fettered by the forefeet was placed on the high- 

 way and was unable to get away from the defendant's wagon 

 which was negligently driven against him, killing him, it was 

 held that the owner could recover, unless the animal's being 

 there was the immediate cause of the accident. "Although 

 there may have been negligence on the part of the plaintiff, 

 yet, unless he might, by the exercise of ordinary care, have 



'^^ Hopkins v. Rush River, 70 Wis. 10. 



^^^ Winch V. Thames Conservators, L. R. 9 C. P. 378. 



'" El Paso V. Dolan (Tex. Civ. App.), 25 S. W. Rep. 669. 



""" Ogston V. Aberdeen District Tramways Co., 24 Rettie (Sc, H. L. 

 Cas.) 8. 



"' Yordy v. Marshall Co., 80 la. 405. See Blakeley v. Baker, 39 L. T. 

 N. S. 359, where the facts were that a horse attached to a cart containing a 

 load weighing a ton came against a fence surrounding an excavation and, 

 it giving way, the horse was killed. It was held that the builder of the 

 fence was not liable. 



''' Gregory v. Adams, 14 Gray (Mass.) 242, where the jury disagreed. 



"" Streett v. Laumier, 34 Mo. 469. 



