CONTRIBUTORY NEGLIGENCE. 253 



On the other hand, where a horse harnessed to a cart was 

 left standing with the bit out of his mouth on the edge of a 

 pier, and room was left for only one vehicle to pass, and one 

 in passing pushed the horse and cart overboard, it was held 

 that the owner was guilty of negligence and could not re- 

 cover. "He was not only obstructing a public highway . . . 

 but he was guilty of gross negligence in standing his horse at 

 the edge of a pier after removing the bit, the only thing by 

 which the animal could ... be in any way controlled." ^''^ 

 So, where a horse attached to a wagon was left loose in the 

 street, it was held that there could be no recovery against a 

 telegraph company for the carelessness of an employee in so 

 handling a broken wire as to strike the horse, frighten him 

 and cause him to run and eventually be killed. ^''^ And where 

 one after dark, while unloading his wagon, obstructs with his 

 team an electric street car track, his negligence will prevent 

 his recovery for an injury done to his team by a car, although 

 it was more convenient to unload in the position he had 

 chosen. "The substitution of cable and electric cars for the 

 horse car and the omnibus is a change which renders imprac- 

 ticable and dangerous certain uses of the streets which were 

 once permissible and comparatively safe. It introduces new 

 conditions, the non-observance ol which constitutes negli- 

 gence." ^^* 



But one who places his horse and wagon transversely to a 

 street while loading, is not prevented from bringing an action 

 against one who carelessly drives against and injures the 

 horse, by the fact that there is an ordinance requiring vehicles 

 to be placed lengthwise and near the sidewalk in loading such 

 articles.^''* Where a person leaves his horse in the care of a 

 deaf and dumb boy on the seat of the wagon, the question 



"" Morris v. Phelps, 2 Hilt. (N. Y.) 38. 

 '" West. Un. Tel. Co. v. Qtiinn, 56 111. 319- 



"" Winter v. Federal St. & P. V. Pass. R. Co., 153 Pa- St. 26. And see 

 Gilmore v. Same, Ibid. 31. 

 "* Steele v. Burkhardt, 104 Mass. 59. 



