326 IMPOUNDING ; INJURIES ON HIGHWAYS, KTC. 



liable where the damage was occasioned by the act of a 

 passer-by in striking the horse."" "It is not material what 

 frightened the horse, if he was not properly taken care of so 

 as to prevent his running. It is the duty of the owner of a 

 horse under such circumstances to exercise care on his part 

 to guard against such an accident ; and his neglect in so doing 

 involves him in liability for the consequences, as well as the 

 person who may have caused the frightening of the horse." "^ 

 So, where the immediate cause of the running away was the 

 falling of hot water from an elevated road;"^ or of icicles. 

 "The falling of the ice was in itself no cause of injury directly 

 and immediately to the plaintiff. . . . The defendant is not 

 held responsible for the falling of the ice, but for his negli- 

 gence in leaving his horse in a condition where he might run 

 away, if alarmed by such or any similar cause." ^°^ And the 

 fact that a horse would not have run away if it had not been 

 hit by stones thrown by boys does not relieve the owner from 

 liability to an injured person, where the horse could not have 

 broken loose but for the defective condition of the rope with 

 which it was tied.^"* 



Where the driver of a carriage used to convey passengers 

 for hire left the horses unguarded and unhitched while a pas- 

 senger was inside and they ran away and the passenger was 

 injured while trying to jump out, the driver and owner were 

 held liable jointly or severally.^**^ Attempting to lead two 

 skittish horses attached to a buggy by means merely of a 

 halter fastened around the neck of the near horse was held 

 to be negligence."® 



The proprietors of a race-course are not liable for injuries 



"" Illidge V. Goodwin, s C. & P. 190. 



'" McCahill v. Kipp, 2 E. D. Smith (N. Y.) 413. 



™ Rompillon v. Abbott, i N. Y. Suppt. 662. 



™ Bigelow V. Reed, 51 Me. 325. 



'" Pearl v. Macaulay, 6 N. Y. App. Div. 70. 



"' Youmans v. Padden, i Mich. N. P. 127. 



"" Pickens v. Diecker, 21 O. St. 212. 



