Towle

The plaintiff brought this action to recover damages for the death of his wife, alleged to have been caused by the defendant’s servant, by negligently causing or permitting a team of horses to run over her.

The defendant had judgment and the plaintiff appeals.

At the trial the defendant was allowed, over plaintiff’s objection and exception, to introduce evidence that the defendant’s driver, who was in charge of the team, was a good, first-class driver, careful in handling horses, and that during the four years he had been in the employ of defendant, he had never been guilty of any mismanagement or carelessness in the conduct or care of the team.

Whether or not this evidence was admissible is the only question presented for decision.

The law as to the admissibility of such evidence in cases of similar character is thus stated in Deering on Negligence, section 407: “ Whether the act or omission of the defendant is actionable negligence is to be determined by the character of the act, or omission, and not by the defendant’s character for care and caution. Evidence that the defendant is a careful, prudent, and cautious man, is inadmissible to negative his want of ordinary care.…