“They are not necessarily an indictable nuisance; and as the law allows them to erect such a sign, they would not be liable for any accident arising from the posts obstructing part of the road, at least if they were placed in a reasonably proper manner with a due regard to all the surrounding circumstances.[195] How the steam came out of the engine! It is a wonder that the horses were not more frightened!” I added.
“Length of days, hard work, and shortness of commons have doubtless curbed their spirits. I remember on one occasion some railway employees were endeavoring to put an engine on the track near a crossing, when my friend Mrs. Stott and another lady drove up in a wagon; they asked if they might cross. One man said ‘Yes,’ and then laughingly winked at the others. Mrs. S. got out and led the horse, but before they had passed over steam was let off through the sides of the locomotive; the horse got frightened, jumped upon my friend, knocked her down, ran over her and away. The court held the railway liable for this injury; the company tried to avoid the verdict by saying that the damages arose from the unnecessary and wanton act of their servants; but the judges inclined to the opinion that even if the act had been unnecessary and wanton, reckless and improper, still as it was done in the course of the servants’ employment, and for the purpose of promoting it, the company must bear all the responsibility.[196] Of course, however, companies are not liable for accidents caused by horses getting frightened at the smoke, steam, or noise of their trains, when their servants do nothing amiss.”[197]
Presently we came to a broad river unspanned by any bridge; we had to cross, therefore, in an old-fashioned ferry. All dismounted. I noticed that the little wharf to which the scow was attached was much the worse for wear, but the nymphs and naiads fell in love with none of us, so no one broke through, fortunately for the ferryman, for he would have been liable for any accident.[198]
“Ha!” said my friend, as the stage gave a great bump in lighting on the boat. “My Christopher Columbus, you ought to have your flats so that all drivers and carriages may embark with ease; and that jolt rattled the ivories in Jehu’s jaw.”[199]
“Shut up yours, and shell out,” was the laconic response.
“How deeply seated is habit,” spake Mr. Smith. “The bee makes honey just as sweet now as when Samson stole it from the lion; and this pitiless navigator must be paid his fare before we start,[200] just as old Charon had to receive his obolus ere he would ferry his fleshless passengers across the gloomy Styx.”
“You’re too fleshy to lean up agin those thair sticks, unless you want to take a header backwards,” quoth the ferryman.
“Oh!” exclaimed Smith, starting inwards as the rail started outwards, “you ought—you should—you are bound by law to have your boat, and your slips, and your landing stages, and everything else, safe and secure, not only for passengers, but also for their horses and carriages, luggage and merchandise;[201] and you are liable for any damage happening to a vehicle, or the horses, as soon as they are on board, although the driver still keeps charge.”[202]
The latter part of the remark seemed called forth by the coach having begun to slip backwards towards the water.
“That thair is open to argyment,” said the boatman. “I guess I knows my bizness. Some old judges say that a ferryman is not liable unless the animals be put in his charge;[203] nor where the driver don’t take care.[204] Nor yet where the critters are so spry that they keant be trusted on a boat,[205] which I calkerlate them thair nags aint.”