Brown v. Collins

53 N.H. 442 (1873)

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Nature of the Case

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Facts

Collins (D)'s horses were frightened when he was near the town railroad crossing going with a load of grain to the grist mill. They became frightened by an engine and broke away from D and damaged Brown (P)'s land. D was without fault, not guilty of malice or unreasonable negligence. The horses merely became unmanageable. P sued to recover the value of the post damaged. The post was four feet from the southerly line of the main highway leading to the village and about 50 feet from the railroad track crossing.