If a party leads a bull or other animal through a public way without
properly guarding and restraining the same, and for want of such
care and restraint people rightfully on the way and using due care
are injured, the owner of the animal is responsible, because under
such circumstances he is bound to use the utmost care and diligence,
especially in villages and cities, to avoid injuries to people on
the road.[60] So, if a man goes upon the highway with a vehicle of
such peculiar and unusual construction, or which is operated in such
a manner, as to frighten horses and to create noise and confusion on
the road, he is guilty of an indictable offence and answerable in
damages besides. An ycleped velocipede in the road has been held in
Canada to be a nuisance, and its owner was indicted and found guilty
of a criminal offence.[61] In England a man who had taken a traction
steam-engine upon the road was held liable to a party who had
suffered damages by reason of his horses being frightened by it.[62]
It has been held to be a nuisance at common law to carry an
unreasonable weight on a highway with an unusual number of
horses.[63] And so it is a nuisance for a large number of persons to
assemble on or near a highway for the purpose of shouting and making
a noise and disturbance; and likewise it is a nuisance for one to
make a large collection of tubs in the road, or to blockade the way
by a large number of logs, cattle, or wagons; for, as Lord
Ellenborough once said, the king's highway is not to be used as a
stable or lumber yard.
[60] 106 Mass. 281; 126 Mass. 506.
[61] 30 Q.B. Ont. 41.
[62] 2 F. & F. 229.
[63] 3 Salk. 183.
Towns and cities have authority to make such by-laws regulating the
use and management of the public ways within their respective
limits, not repugnant to law, as they shall judge to be most
conducive to their welfare.[64] They may make such by-laws to secure,
among other things, the removal of snow and ice from sidewalks by
the owners of adjoining estates; to prevent the pasturing of cattle
or other animals in the highways; to regulate the driving of sheep,
swine, and neat cattle over the public ways; to regulate the
transportation of the offal of slaughtered cattle, sheep, hogs, and
other animals along the roads; to prohibit fast driving or riding on
the highways; to regulate travel over bridges; to regulate the
passage of carriages or other vehicles, and sleds used for coasting,
over the public ways; to regulate and control itinerant musicians
who frequent the streets and public places; and to regulate the
moving of buildings in the highways. Many people are inclined to
make the highway the receptacle for the surplus stones and rubbish
around their premises, and to use the wayside for a lumber and wood
yard; and some farmers are in the habit of supplying their hog-pens
and barn cellars with loam and soil dug out of the highway.
[64] Pub. St. c. 27, Sec. 15, and c. 53; 97 Mass. 221.
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