334 IMPOUNDING ; INJURIES ON HIGHWAYS, ETC. 



frightening a woman so as to bring on a nervous disease, the 

 company were held not responsible for the sickness. ^*^ 



Where the defendant's horse through his servant's negli- 

 gence ran away and turned into the defendant's yard, and the 

 plaintiff's wife, who was paying a visit, came out to see what 

 was the matter and was injured, it was held that as the de- 

 fendant's servant was not bound to anticipate that the plain- 

 tiff's wife would be in the yard, there was no duty towards her 

 on the defendant's part, and therefore he was not liable.^^* 



While a person insured under an accident policy was driv- 

 ing, his horse became frightened by an object on the street 

 and ran away without upsetting the carriage or coming into 

 contact with anything before he was brought under the 

 driver's control. The person was apparently in great danger 

 at the time and suffered so severely either from fright or the 

 strain caused by the physical exertion in restraining the horse 

 that he died within about an hour afterwards. It was held that 

 death might be considered as having ensued from bodily in- 

 juries effected through external, violent and accidental 

 means. "If it is to be admitted that death was caused 

 through fright, even then we are just as strongly convinced 

 that it was also caused by external means. Whether one 

 thing or another shall be considered the proximate cause, de- 

 pends upon the relation of the parties to the suit with each 

 other, as well as upon other circumstances. If the death be 

 laid to fright, it must be because fright produced bodily in- 

 jury, and the means which produced fright were external." ^^^ 

 Where the defendant tied his horses for a blacksmith to 

 shoe and then went away, and the blacksmith began to shoe 



™ Lehman v. Brooklyn City R. Co., 47 Hun (N. Y.) 355. 



"* Tolhausen v. Davies, 58 L. J. Q. B. 98. 



''" McGlinchey v. Fidelity & Cas. Co., 80 Me. 251. 



Death from the sting of an insect is effected through '-external, violent 

 and accidental means," and the sting is the proximate cause of death re- 

 sulting from blood poisoning: Omberg v. U. S. Mut. Assn. (Ky.), 40 

 S. W. Rep. goQ. 



