The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-10
AUTOMOBILE AND HORSE.
Sensible Ruling by "a New York Coun-
ty Judge.
Washington Post.

Washington Post.
Perhaps the most conspicuous fact devel-
oped by modern progress is the fact that
the horse stands in the front rank OF pro-
test against innovation and Improvement.
"A congenital idiot, dependent upon man
for guidance. safety, even existence. the
horse has done his best to discourage ev-
cry advance of civilization. The horse
SHE'D at bicycles; he pranced and snorted
and sacrificed life and property to his stu
pid fear Of cable and electric cars. Now
he is on his hind legs about the automobile.
He is an obstructionist- He would put an
end 10 human exaltation If he could.
But County Judge Sutherland. of Roches-
ter. N. Y, has just delivered an opinion on
this subject which is so sensible and so
just that we cannot refrain from quoting
it-and thanking him for II. They have a
Swiss laundry in Rochester. OF course. the
laundry has delivery and collection carts,
and of course these esteemed vehicles are
drawn by horses. The other day IN auto
mobile frightened one of the Swiss laun-
dry quadrupeds, which promptly ran away.
demolishing things generally and larding
the lean earth with 9S-cent shirts and still
cheaper cuffs and collars. On this the
laundry sued the proprietor of the automo-
bile and obtained damages TO the extent OF
S42.95. An appeal was taken. and Judge
Sutherland. after a careful hearing, pro-
nounced the following opinion:
IF one should find it desirable 20 90 back
to primitive methods and trek along n city
street with a four-ox team and wagon OF
the prairie-schooner variety IL would pos
sibly cause some uneasiness in horses I'M
used to such sights. Yet IL could not be
actionable, I'm my opinion, IL a runaway
should result, provided due care was taken
not unnecessarily to interfere with the use
Of the highway Horses may take fright
at -conveyances that have become obsolete
as well as at those which are novel; but
this is one of the dangers incidental tc the
driving of horses, and the fact cannot be
interposed as a barrier to retrogression or
progress i'm the method of locomction. BIZ
cycles used to frighten horses, but no right
of action accrued. Electric street cars
have caused many Automobiles
operated without steam by storage bait
running at a moderate speed. may cause
fright to horses unused to them. yet the
horse must get used to them or the driver
take his chances.
ut will not do to say that 1t is proper
to run any kind Of a continuance upon the
street in which persons may be carried. A
machine that would go putting and snorting
through the streets, trailing clouds OF
steam and smoke, might be a nuisance. but
this is not such a case. The temporary in
PRODUCTION of these modern and practical
modes Of travel upon the highway must be
subordinate to the larger and permanent
benefits TO the general public resulting from
the adoption of the improvements which
science and inventive skill have perfected.
The judgment appealed from is reversed"
Surely this is a righteous and just judge.
Il the world should have the benefit OF no
improvement not assented TO by the horse,
the world would still be travelling I'm stage
coaches and sailing vessels. There would
be no locomotion by steam, no bicycles, no
proper utilizing of electricity. nc automo-
biles, no street pageantry or brass bands.
Civilization owes Judge Sutherland its
grateful recognition. He has put the horse
where he belongs-in the category Of fools.