On September 10, 1889, Silas Legg was driving a team of horses hitched to an oil wagon and stopped at the city fountain on North Main Street to allow his horses to drink. The bridle of one of the horses caught upon a curved or bent spout of the fountain and was pulled off. The horses ran away and threw Silas off the wagon causing his death. His father (P) sued, and a jury awarded him $1,000. During trial evidence of other accidents was introduced. D objected to this evidence and appealed. The judgment was affirmed on appeal.