248 INJURIES TO ANIMALS ON HIGHWAYS. 



of a young and timid horse on a ferry negligence.^*^ And 

 the right of one to recover for the neghgent sounding of a 

 whistle causing his team to run away, is not afifected by his 

 failure to warn the driver of the whistle, where there was no 

 stated time for sounding it and a warning would have been 

 useless.^** 



But one cannot recover for an injury caused by his having 

 placed himself in a position which the frightening of a skittish 

 team would render perilous, where there is another and safer 

 road.^*' And where the plaintiff's coachman knew that a 

 pump-house, the noise of which frightened horses, had been 

 by a highway for years, but drove them by and they were 

 frightened, it was held that the plaintiff could not recover.^*® 

 Where a city alderman, knowing of a dangerous obstruction 

 in the street and expressly having called the attention of the 

 city council to the fact, drives by, notwithstanding, and his 

 horse is frightened and runs away, upsetting the occupants of 

 the carriage, he is guilty of such contributory negligence as 

 will prevent a recovery by one driving with him at his invita- 

 tion, though the other did not know of the obstruction.^*'^ 

 An owner of a team frightened by negligent blasting is not 

 guilty of negligence in running in front of them and trying in 

 vain to stop them — being injured in consequence. The blast- 

 ing was the proximate cause of the injury. "A person in 

 charge of horses naturally and instinctively rushes to save 

 them or stop them when he sees them frightened and trying 

 to run away." ^*^ On the other hand, the driver of a horse 

 not ordinarily frightened at bicycles, is not negligent, where 

 the horse is so frightened, in not alighting from the buggy 



'" Clark V. Union Ferry Co., 35 N. Y. 485. 

 "* Miller v. Rochester Vulc. Pav. Co., 21 N. Y. Suppt. 651. 

 '-" Peoria v. Walker, 47 111. App. 182. 



"" Ramsden v. Lancashire & Y. R. Co., 53 J. P. 183. And see Salem v. 

 Walker, 16 Ind. App. 687. 



"' Whittaker v. Helena, 14 Mont. 124. 



''■" Prescott V. Connell, 22 Can. Sup. Ct. 147, affirming 20 Ont. App. 49. 



