District of Columbia v. Moulton

This action was begun by the defendant in error in the supreme court of the District of Columbia. In substance he asserted in his declaration a right to recover from the District of Columbia a specified sum, upon the ground that by its negligence, on November 26, 1896, he had sustained serious personal injury. The negligence averred consisted in this,-that for a space of two days prior to and including the date named the District had negligently and knowingly left upon a public highway known as Park street a large steam roller, which was calculated to frighten horses of ordinary gentleness; and while plaintiff was driving along said street, with due care, in a carriage drawn by a horse of that disposition, the animal was frightened and rendered unmanageable by the steam roller, and in the struggles of the horse one of the wheels of the carriage was broken, plaintiff was thrown out upon the ground with great force, and he sustained the injuries for which recovery was asked. Defendant filed a plea of the general issue.

The evidence most favorable to the contention of the plaintiff tended to show the following: Park street is a public highway in the northwest section of the city of Washington, commencing at Fourteenth street and running westwardly. For several days prior to the accident in question a steam roller had been used in connection with the work of resurfacing Park street with macadam. This roller was of the kind usually employed in constructing macadamized gravel roads. It had three wheels, the tread of the rear wheel being about 8 feet, which was its extreme width. The machine was about 8 feet long and about 5 or 6 feet high. The smokestack was a little higher than the other part of the machine. While the roller was in use, on the forenoon of the day before the accident hereinafter referred to, it 'broke down.' The nature of the injury to the roller does not appear, otherwise than as it may be inferred, from the fact that the roller was subsequently removed by horse power, that the machinery was simply disabled. On becoming out of order, the roller was placed close to the south curb of Park street, from 20 to 50 feet west of Pine street-a street 50 feet in width-and distant about 900 feet westwardly from Fourteenth street. Over the roller was placed a canvas cover. The roadway proper, at the point where the roller was stationed, was about 28 feet wide, and there was ample room for the passage of vehicles between the roller and the northerly side of Park street.

About 3 o'clock on the afternoon of November 26, 1896 (Thanksgiving Day), plaintiff drove into Park street from Fourteenth street, and, as he did so, saw the steam roller. The horse he was driving was one which the plaintiff had owned for several years, was regarded as of an ordinarily gentle disposition, and had several times been driven safely past steam rollers when they were in actual operation. Plaintiff guided his horse, intending to pass by the roller in the space to the right thereof, but on approaching Pine street the horse became restive from the flapping of the canvas cover on the roller, or from some other cause, and when about opposite the middle of Pine street became unmanageable, reared, and upset the vehicle, throwing out and injuring the plaintiff. The evidence also tended to show that other horses in passing the roller had exhibited fear.

The case was tried to a jury, and resulted in a verdict for the plaintiff. On appeal the judgment was affirmed by the court of appeals of the District. 15 App. D. C. 363.

Messrs. Andrew B. Duvall and Clarence A. Brandenburg for plaintiff in error.

Messrs. A. S. Worthington and Charles L. Frailey for defendant in error.

Mr. Justice White, after making the foregoing statement, delivered the opinion of the court: