Massachusetts Supreme Judicial Court January 15, 1869 (Babson v. Inhabitants of Rockport)

Chapman, C. J.

In order to render a town or city liable on account of an accident happening on a highway, it must happen to a traveller, and the defect of the way must be the sole cause of the injury. Rowell v. Lowell, 7 Gray, 100. Stickney v. Salem, 3 Allen, 374. If a horse gets loose and runs upon the highway, the town is not liable. Richards v. Enfield, 13 Gray, 344. In Davis v.