Town of Rushville v. Adams

Citation8 N.E. 292, 107 Ind. 475
Case DateSeptember 23, 1886
CourtSupreme Court of Indiana

107 Ind. 475
8 N.E. 292

Town of Rushville
v.
Adams.

Supreme Court of Indiana.

September 23, 1886.


Appeal from Rush circuit court.


Cullen & Smith, for appellant. C. Cambern and T. J. Newkirk, for appellee.

Zollars, J.

Appellee charged in her complaint that the town licensed, and with knowledge permitted, a person to carry on the business of manufacturing candy on one of the streets, and in said business “to use a tripod supporting a vessel containing syrup which was boiled and manufactured into candy by means of fire built under the vessel;” that she and her husband were driving on the street, when the horse became frightened at the fire and ran away, throwing them out, and injuring her; that the injury was not caused by any negligence or carelessness on her part, but was caused wholly by the negligence of the town in permitting said person to maintain and carry on the said business. Counsel for appellant urge three principal objections to the complaint.

Assuming that appellee's husband was driving the horse, the first is that there is no averment that he was free from negligence contributing to the injury. Without deciding in what respect, if any, the husband's negligence might affect the rights of appellee, it is sufficient here to say that it in no way appears from the complaint that he was driving the horse.

The second is that, as the buggy did not come in contact with the tripod, or any obstruction on or defect in the street, the town is not liable; in other words, that cities and towns are not liable for injuries resulting alone from the fright of horses at objects upon the streets, no matter what may be their character, and notwithstanding that the city, with knowledge, may have allowed

[8 N.E. 293]

them to remain upon the streets for an unreasonable length of time, or may have granted permission for placing and maintaining them there. We do not understand that cities and towns are entitled to such immunity from liability. The duty rests upon such corporations to keep their streets in a safe condition, and free from all obstructions that may seriously interfere with travel, and thus result in injury to travelers. This duty relates, not only to defects in the roadway, and objects thereon against which vehicles may be wrecked, but also extends the liability to injuries from falling awnings, ice, and snow, and to injuries resulting from the fright of horses of ordinary gentleness at objects upon the streets naturally calculated to, and which may reasonably be expected to, produce such fright. It cannot be said, with reason, that streets in which obstructions are suffered to be placed and remain, which by their appearance are calculated to frighten such horses, are in a reasonably safe condition. The purpose of the law is to secure to the public safe highways.

As said...

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33 practice notes
  • Louisville, N.A.&C. Ry. Co. v. Bates
    • United States
    • Indiana Supreme Court of Indiana
    • November 11, 1896
    ...Ind. 246, 247, 13 N. E. 869, 870;Railway Co. v. Jones, 108 Ind. 551, 557, 9 N. E. 476, 484, and cases cited; Town of Rushville v. Adams, 107 Ind. 475, 478, 8 N. E. 292, 293. It is equally well settled that a defendant in an action for personal injuries is entitled to have the complaint stat......
  • McLeod v. Chicago, M. & P.S. Ry. Co.
    • United States
    • United States State Supreme Court of Washington
    • September 14, 1911
    ...p. 570; Oldfield v. N.Y. & H. R. R. Co., 14 N.Y. 310; Hammond v. Schweitzer, 112 Ind. 246-248, 13 N.E. 869; Town of Rushville v. Adams, 107 Ind. 475, 8 N.E. 292, 57 Am. Rep. 124; Clark v. Chicago, M. & St. P. Ry. Co., 28 Minn. 69, 9 N.W. 75; Lucas v. Wattles, 49 Mich. 380, 13 N.W. 782; Ekma......
  • City of Indianapolis v. Keeley, No. 20,752.
    • United States
    • Indiana Supreme Court of Indiana
    • December 19, 1906
    ...of the same character: City of Ft. Wayne v. De Witt, 47 Ind. 391;Murphy v. City of Indianapolis, 83 Ind. 76;Town of Rushville v. Adams, 107 Ind. 475, 8 N. E. 292;City of Elkhart v. Witman, 122 Ind. 538, 23 N. E. 796;City of Franklin v. Harter, 127 Ind. 446, 26 N. E. 882;City of Huntington v......
  • Baltimore & O.S.W.R. Co. v. Slaughter, No. 20,874.
    • United States
    • Indiana Supreme Court of Indiana
    • November 13, 1906
    ...100 Ind. 160;Cincinnati, etc., R. Co. v. Gaines, 104 Ind. 526, 4 N. E. 34, 5 N. E. 746, 54 Am. Rep. 344;Town of Rushville v. Adams, 107 Ind. 475, 8 N. E. 292;Pittsburgh, etc., R. Co. v. Kitley, 118 Ind. 152, 20 N. E. 727;Cleveland, etc., R. Co. v. Wynant, 119 Ind. 539, 20 N. E. 730;Rodgers ......
  • Request a trial to view additional results
33 cases
  • Louisville, N.A.&C. Ry. Co. v. Bates
    • United States
    • Indiana Supreme Court of Indiana
    • November 11, 1896
    ...Ind. 246, 247, 13 N. E. 869, 870;Railway Co. v. Jones, 108 Ind. 551, 557, 9 N. E. 476, 484, and cases cited; Town of Rushville v. Adams, 107 Ind. 475, 478, 8 N. E. 292, 293. It is equally well settled that a defendant in an action for personal injuries is entitled to have the complaint stat......
  • McLeod v. Chicago, M. & P.S. Ry. Co.
    • United States
    • United States State Supreme Court of Washington
    • September 14, 1911
    ...p. 570; Oldfield v. N.Y. & H. R. R. Co., 14 N.Y. 310; Hammond v. Schweitzer, 112 Ind. 246-248, 13 N.E. 869; Town of Rushville v. Adams, 107 Ind. 475, 8 N.E. 292, 57 Am. Rep. 124; Clark v. Chicago, M. & St. P. Ry. Co., 28 Minn. 69, 9 N.W. 75; Lucas v. Wattles, 49 Mich. 380, 13 N.W. 782; Ekma......
  • City of Indianapolis v. Keeley, No. 20,752.
    • United States
    • Indiana Supreme Court of Indiana
    • December 19, 1906
    ...of the same character: City of Ft. Wayne v. De Witt, 47 Ind. 391;Murphy v. City of Indianapolis, 83 Ind. 76;Town of Rushville v. Adams, 107 Ind. 475, 8 N. E. 292;City of Elkhart v. Witman, 122 Ind. 538, 23 N. E. 796;City of Franklin v. Harter, 127 Ind. 446, 26 N. E. 882;City of Huntington v......
  • Baltimore & O.S.W.R. Co. v. Slaughter, No. 20,874.
    • United States
    • Indiana Supreme Court of Indiana
    • November 13, 1906
    ...100 Ind. 160;Cincinnati, etc., R. Co. v. Gaines, 104 Ind. 526, 4 N. E. 34, 5 N. E. 746, 54 Am. Rep. 344;Town of Rushville v. Adams, 107 Ind. 475, 8 N. E. 292;Pittsburgh, etc., R. Co. v. Kitley, 118 Ind. 152, 20 N. E. 727;Cleveland, etc., R. Co. v. Wynant, 119 Ind. 539, 20 N. E. 730;Rodgers ......
  • Request a trial to view additional results

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