332 IMPOUNDING ; INJURIES ON HIGHWAYS, ETC, 



there was no negligence in the servant, the defendant who 

 was with him at the time was held not liable in trespass for 

 a personal injury to the plaintiff from the horses becoming 

 unmanageable.^^* 



Where two teams going the same way collided and a per- 

 son behind the front team was upset and killed, this was held 

 to be due to the negligence of the driver of the colliding team, 

 even if the horses of the other team could have been checked 

 by the driver when running away; otherwise if the latter 

 driver had done some act, not merely negligence, contributing 

 to the running away.^^® 



Where a street car driver after stopping his car on a busy 

 street, detached the horses and swung them around without 

 observing whether any teams were approaching, and a col- 

 lision occurred and the horses were frightened, ran away and 

 injured the plaintiff, the driver was held to be negligent/^® 

 But such a driver is not necessaril)^ negligent in allowing the 

 horses to follow their usual route instead of making them 

 keep straight on.^^^ 



Where the plaintiff was upon the rear platform of a street 

 car and about to enter it, when the driver whipped up to avoid 

 a collision with a runaway horse and carriage and the jolt 

 threw the plaintiff to the ground and she was struck and in- 

 jured by the runaway, it was held that the court should have 

 instructed the jury that, even if the car-driver was guilty of 

 negligence, such negligence \yas not the proximate cause of 

 the injury and the plaintiff could not recover. "It was cer- 

 tainly not a natural consequence of a person being upon that 

 street that he would be struck by a runaway horse. Nor is 

 there the slightest reason for saying that it would be a prob- 

 able consequence. The utmost that can be said would be that 

 such a consequence might possibly happen." ^^^ 



'" Holmes v. Mather, L. R. lo Ex. 261. '"" Belk v. Peo., 125 111. 584. 

 "' Sutter V. Omnibus Cable Co., 107 Cal. 369. 

 "' Rainnie v. St. John City R. Co., cited infra. 

 "'South Side Pass. R. Co. v. Trich, 117 Pa. St. 390. 



