Case Digest (G.R. No. L-5691)
Facts:
S.D. Martinez and His Wife, Carmen Ong de Martinez v. William Van Buskirk, G.R. No. 5691, December 27, 1910, the Supreme Court En Banc, Moreland, J., writing for the Court. Plaintiffs-appellees were S.D. Martinez and his wife Carmen Ong de Martinez; defendant-appellant was William Van Buskirk.On September 11, 1908, Carmen Ong de Martinez was riding in a carromata on Calle Real, Ermita, Manila, when a delivery wagon belonging to Van Buskirk, drawn by a pair of horses, approached from the opposite direction. The driver (cochero) of the plaintiff's carromata pulled close to the sidewalk and stopped to let the delivery wagon pass, but the delivery wagon instead ran into the carromata, overturning it and inflicting a serious head wound on Carmen; the carromata and harness were also damaged. Van Buskirk was not with the team on the day of the accident.
Defendant offered evidence that his team was gentle and tractable and that the cochero was an experienced, trustworthy servant; the wagon had been delivering forage at the Paco Livery Stable on Calle Herran, and for unloading the cochero tied the reins to the front of the wagon and went inside to unload. Another vehicle passed, its driver cracked a whip and made noises, which frightened the horses; the cochero was thrown from the wagon and could not stop the horses, which ran to Calle Real and struck the carromata.
The trial court fou...(Subscriber-Only)
Issues:
- Did the Court need to decide whether an employer who furnishes a gentle team and a trusty driver is nevertheless liable under Articles 1902–1903 of the Civil Code for the driver's negligent handling of the team?
- Did the evidence establish that the defendant's cochero was negligent in leaving the horses as he did, thereby making the defendant liabl...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
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