Hummell v. Wester 1 Brightly 133

Hummell v. Wester.

[March 7, 1849.]

When, in a city, a horse attached to a carriage .is found running on the sidewalk, to the injury of citizens, the law will presume negligence on the part of the owner; and he is liable in such case for the carelessness or neglect of his servant.

This was an action to recover damages for injuries sustained by the plaintiff, in consequence of the negligence of a servant of the defendant. In September, 1848, the plaintiff was walking along the footway, near the Frankford road and Norris street, in Kensington, when he was run against by a horse belonging to the defendant, which was attached to a wagon, and driven by a boy in his employ*134ment. The plaintiff was knocked down and severely injured, so as to be confined to his house for several weeks. For these injuries, the present action was brought.

The defence was, that the horse was gentle and tractable in disposition, was well broken, and could be easily managed; that on this occasion he was frightened, in consequence of being struck by a whip by the driver of an omnibus, which was passing along the street in which the horse and wagon were standing; in consequence of which the animal ran away, became perfectly unmanageable, and could not be checked by the boy who had charge of the wagon: during his course the plaintiff was injured. The defendant also alleged that the horse was one which could be left standing any where, without the necessity of hitching. It was contended, for the plaintiff, that this very fact went to establish negligence.