The defendants had piled lumber in front of their premises about twenty feet into Stewart street. This was a nuisance. (Angell on Highways, secs. 222, 223, 225, 226, 227, 228; Shipley v. Fifty Associates , 106 Mass. 194.
In cases of nuisances no question of negligence arises. (Shear. and Red. on Negligence, sec. 363; Congreve v. Smith , 18 N.Y. 79; Congreve v. Morgan et al. 18 N.Y. 80.)
It was the duty of the defendants to have their premises in such condition, and to conduct operations thereon in such a manner as was consistent with safety to all persons passing along Stewart street. (Campbell on Negligence, sec. 14.)
The fact that plaintiff was injured while passing along Stewart street in front of their premises, is itself prima facie evidence of negligence. Res ipsa loquitur. (Camp. on Neg. secs. 15, 16, 24; Kearney v. L. B. & S.C. Ry. L. R. 5 Q. B. 411; Scott v. Liverpool Dock Co. 3 H. & C. 596, and 34 L. J. Ex., 17, 22.)
The defendants furnished the means and facility for the commission of the injury to the plaintiff.
Both the negligence of defendants in piling lumber into the street, and allowing it to remain there, and their negligent manner of piling it where it was, if not the sole, or in point of time the immediate causes of the injury complained of, concurred with the driving of Randall's team to produce the injury, and defendants are, therefore, responsible; it clearly appearing that, but for such negligence, the injury would not have happened, and both circumstances being closely connected with the injury in the order of events. (Shear. & Red. on Neg. Sec. 10, and authorities cited in note 2.)
The fault of a mere stranger, however much it may contribute to the injury, is no defense for one whose negligence helped to bring the injury about. (Shear. & Red. on Neg. Secs. 27, 46.)
JUDGES: McKinstry, J.
OPINION
McKINSTRY, Judge
If the timbers were negligently piled by the defendants, the negligence continued until they were thrown down, and (concurring with the action of Randall) was a direct and proximate cause of the injury sustained by the plaintiff.
Judgment affirmed.