Towle v. Pacific Improvement Co.

Citations

• 98 Cal. 342
• 33 P. 207
• 1893 Cal. LEXIS 923

Syllabus

<p>Negligence—Careless Driving of Team —Action for Death—Evidence — Skill and Habitual Carefulness of Driver.—In an action to recover damages for the death of a person alleged to have been caused by the negligent driving of a team of horses by the defendant’s servant, which ran over and killed the deceased, evidence that the driver was a good first-class driver, careful in handling horses, and that during the four years he had been in the defendant’s employ he had never been guilty of any mismanagement or carelessness in the conduct or care of the team, is inadmissible.</p> <p>Id.—Limitation of Rule as to Evidence of Skill. —The rule allowing evidence of careful habits and competent skill of a driver is limited to cases where the utmost care and diligence are required, and does not apply to cases where the defendant can be held liable only for want of ordinary care.</p> <p>Id. —Ordinary Care in Driving Team.—The driver of a team of horses in the public highway is only bound to use ordinary care in the management of the team to prevent injury to a person traveling upon foot.</p> <p>Id.—Burden of Proof—Rebutting Evidence The burden is on the plaintiff to prove that at the time of the accident the driver of the team was not exercising ordinary care, but was negligent in the management of the team, and that the injuries to the deceased were the direct result of that negligence; and this proof can only be overcome by counter-proof showing that the driver was exercising ordinary care in the management of the team at that time.</p>