Ordinary draft horses attached to a wagon of the express company were momentarily left standing, unattended, in the street, adjacent to the sidewalk, in front of a railroad depot, while the servant of the company who had charge of them went into the depot. The plaintiff was then passing along the sidewalk, and as she passed where the horses were standing, one of them turned his head around and hit her, thus injuring her severely. She .brought this action against the express company to recover for the damages thereby sustained, alleging that it was negligence to leave the horses near the sidewalk unattended. She does not allege that the horse that bit her was vicious, or, if it was vicious, that the company or its servant had knowledge of the fact; nor is there any еvidence, except as to what occurred on this оccasion, which would tend to show that the horse was vicious. She relied solely upon the ground that the horse was left near the sidewalk unattended. She was nonsuited by the trial court, and brings that judgment here for review.
Under these facts we do not think thе defendant was liable. There is no general propеnsity on the part of horses to bite persons who comе near them, and when this is done at all, it is done by one that is exсeptionally vicious. Where no such disposition has been discovered in a horse, the owner is under no obligation to anticipate that it will suddenly bite some passer-by who chаnces to come within its reach, and is not bound to guard against such an occurrence; and if the horse does bite somebody, and is not wrongfully in the place where this happеns, the owner will not be held liable J'or the injury. The rule on this subject hаs been stated thus: “If domestic animals, such as oxen and horses, injure any one in person or property when they arе rightfully in the place where they do the mischief, the owner оf
Judgment affirmed.