HORSKS UNGUARDED IN HIGHWAY. 327 



caused by the running away of a spectator's horse, left un- 

 guarded upon their grounds.^*" 



A carriage is "passing" upon a highway where, in the 

 course of a journey from one place to another, it is at a stand- 

 still, and the driver is liable to the statutory penalty if negli- 

 gently or wilfully he is at such a distance that he cannot have 

 the direction and government of the horses.^"^ 



The question of contributory negligence is often an im- 

 portant one in these cases. Where the defendant negligently 

 left his horse and cart unattended in the street and the plain- 

 tifif, a child seven years old, got into the cart to play, and an- 

 other child led the horse on, whereby the plaintiff was thrown 

 out and hurt, the defendant was held liable. "The most 

 blamable carelessness of his servant having tempted the child, 

 he ought not to reproach the child with yielding to that temp- 

 tation. He has been the real and only cause of the mis- 

 chief." "» 



Where a servant unlawfully left his master's horse and 

 wagon unhitched in the street and the horse strolled away and 

 upset a ladder erected in the middle of the street upon which 

 the plaintifif was working, the failure of the latter to have the 

 ladder guarded was held not to be such contributory negli- 

 gence as would bar recovery from the master.^^" 



Where an unattended horse and cart collided with an un- 

 attended horse and van and no one saw the accident, it was 

 held error to withdraw from the jury the question of contrib- 

 utory negligence.^^^ 



An ordinance making it unlawful for animals to run at large 



'" Hart V. Washn. Park Club, 54 111. App. 480, affirmed in 157 111. 9. 



"'Phythian v. Baxendale, [1895] I Q. B. 768. 



"" Lynch v. Nurdin, I Q. B. 29. 



Whether, where one leaves a horse unattended to and a child creeps 

 under the wagon and the owner returning drives off and injures the child, 

 the former act is the proximate cause of the damage, see Morrison v. 

 M'Ara, 23 Rettie (Sc. Ct. Sess.) 564. 



"° Jones V. Belt, 8 Houst. (Del.) 562. 



"' Walton V. London, B. & S. C. R. Co., i H. & R. 424- 



