A Treatise On the Law of Negligence

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Y. 354 [en- too headstrong, or the harness had tering premises after dark without not been defective, or the carriage a light, knowing of a hatchway], insufficient, no loss would have in- The defense of contributory negli- tervened. It is against these con- genoe for not lighting carriage-lamps, stantly occurring accidents that at night is not available by a turn- towns are required to guard in pike company which neglected, as building highways" (per Eedfield, required by statute, to keep its g...ates J., Hunt v. Pownal, 9 Vt. 411); It is fastened open at night so that plain- not, as matter of law, contributory tiff drove against, without seeing negligence to drive a blind horse them (Danville, etc. Turnp. Co. v. ( Brackenridge v. Fitchburg, 145 Stewart, 2 Mete. (Ky.) 119). Mass. 160, 13 N. E. 4,57).
MO Perry v. Cedar Falls, 87 Iowa, *" Plaintiff may recover if he shows 315, 54 N. W. 225. s. p., McNish v. that he did not, know and had no 971 HIGHWAYS.
[§ 378 ciple, it is generally held that the fact of losing control of a reasonably manageable horse, without the driver's fault, will not, as naatter of law, reheve the municipality from responsibility for a defect in the highway, with reason to suppose the existence of the particular vice in question, whether in the horse or tlie carriage, and that he was in no fault for not knowing (Winship v.


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