Spurr v. Inhabitants of Shelburne

The evidence at the trial tended to show that one Sinead was driving the plaintiffs horse over a highway in the defendant town, in the evening; that the horse left the wrought and travelled part of the way, and, after proceeding along or near a ditch outside of the travelled part a distance of twenty-five or thirty feet, fell into the ditch and was injured. The only defect claimed was the want of suitable railings. The plaintiff asked the court to rule “ that if at the point of the accident there was no railing, and a railing was there required to make the way reasonably safe, then the road…