No. 5691. December 27, 1910.] S. D. MARTINEZ and his wife, CARMEN ONG DE MARTINEZ, plaintiffs and appellees, vs. WILLIAM VAN BUSKIRK, defendant and appellant.

 MASTER AND SERVANT; DRIVERS OF HORSES; CUSTOM AND USAGE; NEGLIGENCE.—A coachman or driver, who had driven the horses composing his team for a considerable time, during which the animals had shown no disposition to become unruly, left his team as usual and was assisting in unloading the wagon when the horses bolted and running into the plaintiffs' carriage caused personal injuries to the plaintiff and damage to the vehicle. It was further shown that, to leave teams under like circumstances and to assist in unloading the wagon, is the custom of drivers in the city and that the custom is sanctioned by employers. Held: That acts, the performance of which has not proven destructive or injurious and which have been generally acquiesced in by society for so long a time as to have ripened into a custom, can not be held to be unreasonable or imprudent and that, under the circumstances, the driver was not guilty of negligence in so leaving his team while assisting in unloading his wagon.