Title
Martinez vs. Buskirk
Case
G.R. No. L-5691
Decision Date
Dec 27, 1910
Carmen Ong de Martinez injured in 1908 Manila carriage collision; court ruled defendant’s driver not negligent, reversing trial decision.

Case Digest (G.R. No. 5418)
Expanded Legal Reasoning Model

Facts:

  • Accident circumstances
    • On September 11, 1908, Carmen Ong de Martinez was riding in a carromata along Calle Real, Ermita, Manila.
    • A delivery wagon owned by William Van Buskirk, drawn by two horses and driven by his cochero, approached at high speed in the opposite direction, collided with the carromata, overturned it, seriously injuring the plaintiff and damaging the vehicle and harness.
  • Defendant’s evidence
    • The cochero was an experienced, reliable servant; the wagon had been sent to deliver forage at Paco Livery Stable on Calle Herran.
    • For unloading, the cochero tied the reins to the wagon’s front, went inside to carry fodder out, when another vehicle’s whip‐crack frightened the horses, causing them to run away and ultimately collide with the carromata.
  • Trial court findings and lower court judgment
    • The trial court found the defendant negligent under Civil Code Arts. 1902–1903 and awarded the plaintiffs ₱442.50 with 6% interest from October 17, 1908, plus costs.
    • The defendant appealed the negligence finding and damage award.

Issues:

  • Whether the cochero was negligent in leaving the horses unattended while unloading fodder.
  • Whether an employer is liable under Civil Code Arts. 1902–1903 for the negligent acts of a servant who exercised due diligence.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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