A sewer contractor (defendant) dug a trench that blocked the path from the stable of a cab proprietor (plaintiff) to the road. The sewer contractor discouraged the cab proprietor from the leading a horse over a narrow space beside the trench. Instead, the sewer contractor helped the cab proprietor lead his horse over a spot where earth had been piled. This was done successfully. Later that day, while the sewer contractor was absent, the cab proprietor attempted to lead another horse over the piles of earth, which gave way. The horse died. The cab proprietor sued for damages. Evidence suggested that the cab proprietor was told not to lead a horse out of his stable the second time. The jury returned a verdict for the cab proprietor.