upon the public
ways with any animal or vehicle which is suitable for a way prepared
and intended to afford the usual and reasonable accommodations
needful to the requirements of a people in their present state of
civilization; but if any person undertakes to use or travel upon the
highway in an unusual or extraordinary manner, or with animals,
vehicles, or freight not suitable or adapted to a way opened and
prepared for the public use, in the common intercourse of society,
and in the transaction of usual and ordinary business, he then takes
every possible risk of loss and damage upon himself.[59]

[59] 14 Gray, 242.

If a party leads a bull or other animal through a public way without
properly guarding and restraining the same, and for want of such
care and restraint people rightfully on the way and using due care
are injured, the owner of the animal is responsible, because under
such circumstances he is bound to use the utmost care and diligence,
especially in villages and cities, to avoid injuries to people on
the road.[60] So, if a man goes upon the highway with a vehicle of
such peculiar and unusual construction, or which is operated in such
a manner, as to frighten horses and to create noise and confusion on
the road, he is guilty of an indictable offence and answerable in
damages besides. An ycleped velocipede in the road has been held in
Canada to be a nuisance, and its owner was indicted and found guilty
of a criminal offence.[61] In England a man who had taken a traction
steam-engine upon the road was held liable to a party who had
suffered damages by reason of his horses being frightened by it.[62]
It has been held to be a nuisance at common law to carry an
unreasonable weight on a highway with an unusual number of
horses.[63] And so it is a nuisance for a large number of persons to
assemble on or near a highway for the purpose of shouting and making
a noise and disturbance; and likewise it is a nuisance for one to
make a large collection of tubs in the road, or to blockade the way
by a large number of logs, cattle, or wagons; for, as Lord
Ellenborough once said, the king's highway is not to be used as a
stable or lumber yard.

[60] 106 Mass. 281; 126 Mass. 506.

[61] 30 Q.B. Ont. 41.

[62] 2 F. & F. 229.

[63] 3 Salk. 183.

Towns and cities have authority to make such by-laws regulating the
use and management of the public ways within their respective
limits, not repu