Case Digest (G.R. No. 14191)
Facts:
The Government of the Philippine Islands v. Ynchausti & Company, G.R. No. 14191, September 29, 1919, the Supreme Court En Banc, Johnson, J., writing for the Court. The plaintiff-appellant was the Government of the Philippine Islands; the defendant-appellee was Ynchausti & Company.The Government shipped roofing tiles from Manila to Iloilo and engaged Ynchausti & Company as carrier. The tiles were delivered to the consignee at Iloilo and were found to have sustained about P200 worth of damage. The Government sued to recover that sum as damages; the central factual dispute was whether the tiles were broken through the carrier’s negligence.
At the trial level (the lower court), evidence showed the tiles were brittle, were packed by the Government in bundles of ten tied with bejuco without protective packing, and were carried, stowed, and discharged by hand labor. The carrier stamped a clause on the Government’s bill of lading (General Form No. 9-A) referring to conditions in the Philippine Marine Regulations as prescribed by the Insular Collector of Customs. The Government did not offer evidence of negligence; the carrier offered evidence of careful handling. The lower court concluded the Government was bound by the terms stamped on the bill of lading, that no presumption of carrier negligence arose from the mere fact of breakage, and accordingly absolved the defendant of liability.
The case came to the Supreme Court on appeal. The questions presented were w...(Subscriber-Only)
Issues:
- Were the terms and conditions stamped by the carrier on the Government’s bill of lading binding on the Government shipper?
- Does proof that goods were damaged in the carrier’s possession, without more, create a presumption of carrier negligence so as to shift the burden of p...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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