Newman v. Barber Asphalt Paving Co.

Abstract of the Decision. 1. Negligence, § 58*—when failure to fasten team and wagon left standing on street not proximate cause of injury to child. Failure of the driver of a team and wagon to fasten the horses when standing upon a public street, held not to be the proximate cause of the death of a child by being run over by a wheel of the wagon, where the evidence shows the horses did not move a greater distance than they might have moved if they had been fastened, as horses are ordinarily fastened, when standing upon a street. 2. Negligence, § 19*—extent of doctrine of attractive nuisance. The doctrine of “attractive nuisances” has not been extended to a team and wagon or other like vehicle standing or moving upon a street. 3. Negligence, § 16*—when presence of team and wagon on street does not constitute. Negligence cannot be predicated upon the mere presence upon a street of a team and wagon either stationary or in motion. 4. Negligence, § 16*—when driver leaving team and wagon on street not guilty of negligence. A driver of a team and wagon left standing upon a street, held not guilty of negligence where a child of tender years was run over by a wheel of the wagon when the team started up, it appearing that the driver did not know or had no reason to believe that the child was in a position of danger where he might be injured if the team started forward.

Appeal from the Circuit Court of Cook county; the Hon. Chables H. Bowles, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1913.