54 So. 199 | Ala. | 1910
This action is by the appellant, against the appellees, for damages on account of personal injuries received by being thrown from a buggy. It is claimed that plaintiff’s horse became frightened, while passing along the public road, opposite the saw and planing mill of defendants, which was situated near the public road, by the steam and shavings from said mill. The evidence shows that complaint had been made to the road supervisor in regard to the mill, and that at his suggestion the defendants had erected a plank wall at the side of the road to prevent the shavings from being thrown into the road, and also had taken off one of
It is a general principle that one placing objects within the limits of a public highway, which are calculated to frighten horses of ordinary gentleness, is liable therefor; but, in order to fix liability, it is necessary to -al
It is not necessary to decide what, if any, would be the liability for mere noise or steam from machinery near the public road; but for throwing objects into the public road a liability would exist within the restrictions found in the foregoing authorities. It is essential to show that the object thrown is such as to frighten a horse of ordinary gentleness.
The court is of the opinion that, under the evidence in this case, it was a question for the jury to decide whether or not the object in this case was calculated to frighten a horse of ordinary gentleness. Consequently the court erred in excluding the evidence and in giving the affirmative charge for the. defendants.
Beversed and remanded.