In riding or driving keep hold of the reins, and don't let your
horses get beyond your control; for if you do your chances of
victory in a lawsuit will be pretty slim. If you tie up your reins
for the purpose of walking in order to get warm or to lighten the
load, and let your horses go uncontrolled, and they run over a child
in the road and kill it or seriously injure it, you will probably
have to pay more than the value of the horses, unless they are very
good ones. Or if, going thus uncontrolled, they fail to use due care
and good judgment in meeting other teams, and in consequence thereof
damages occur, you would be expected to make everything
satisfactory, because your team is required to observe "the law of
the road" whether you are with it or not, especially if you turn it
loose in the highway. Even if you have hold of the reins, and your
horses get beyond your control by reason of fright or other cause,
and afterwards you meet with an accident by reason of a defect in
the highway, you cannot recover anything.[106]
[106] 101 Mass. 93; 106 Mass. 278; 40 Barb. 193.
Don't encroach upon or abuse the highway, either by crowding fences
or buildings upon its limits or by using it as a storage yard. If
you set a building on the line of the road, and then put the
doorsteps, the eaves, and the bow-windows of the building over the
line, you are liable to an indictment for maintaining a public
nuisance; and possibly you may be ordered by the court to remove
them forthwith at your own expense.[107] If you build an expensive
bank-wall for a road fence, and place any part of it over the line,
you must remove it upon the request of the public authorities, or
else take your chances on an indictment for maintaining an illegal
obstruction in the highway. If you deposit on the roadside logs,
lumber, shingles, stones, or anything else which constitutes an
obstruction to travel or a defect in the way, or which is calculated
to frighten horses of ordinary gentleness, and allow the same to
remain for an unreasonable length of time, you are liable to respond
in damages for all injuries resulting therefrom. Even if the town
should have to settle for the damages in the first instance, you
might still be called upon to reimburse the town.[108]
[107] 107 Mass. 234.
[108] Wood on Nuisances, Secs. 326, 327; 102 Mass. 341; 18 Me.
286; 41 Vt. 435.
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