At the time of the accident, the ox was not in the place for the use of which the city received compensation, nor in the charge of any agent of. the city; and the city is not responsible for the injury occasioned by the ox frightening the plaintiff’s horse while both were travelling upon the highway. Barber v. Roxbury, 11 Allen, 318, 321. Pierce v. New Bedford, ante, 534. Collingill v. Haverhill, 128 Mass. 218.

Judgment affirmed.