Cook v. Inhabitants of Montague

Gray, C. J. There was no evidence that the horse came, or was in any danger of coming, in contact with the stone. It was the brightness of the stone, which was the cause of the fright of the horse that resulted in the injury to the plaintiff. There was therefore no defect in the highway for which the town was liable in this action. Keith v. Easton, 2 Allen, 552. Kingsbury v. Dedham, 13 Allen, 186. Cook v. Charlestown, 13 Allen, 190, note, and 98 Mass. 80. Judgment for the defendant.