Case Digest (G.R. No. L-15392)
Facts:
Rex Taxicab Co., Inc. v. Jose Bautista, G.R. No. L-15392, September 30, 1960, the Supreme Court En Banc, Barrera, J., writing for the Court.Petitioner Rex Taxicab Co., Inc. (owner of taxicab Plate No. 1401) was sued by respondent Jose Bautista, acting as guardian ad litem of the minor Narcisa Bautista, for injuries the child sustained when she fell from the left rear door of the taxi on February 13, 1952. Narcisa, then about six years old, had boarded the taxi with other relatives at Taft Avenue, Manila; she stood and leaned on the left rear window-sill to spit when the door suddenly opened and she fell onto the pavement. She was hospitalized at the Philippine General Hospital from February 13 to February 18, 1952, and continued to receive medical care thereafter. Parents incurred P790.00 for hospitalization, medical bills, medicines and related expenses.
The Court of First Instance of Manila (Civil Case No. 16308) rendered judgment in favor of respondent awarding P1,075.00 as actual or compensatory damages and P1,500.00 as moral damages, with costs. The Court of Appeals (CA-G.R. No. 11129‑R) affirmed that judgment. Petitioner filed a petition to review on certiorari to the Supreme Court challenging, inter alia, the finding of negligence, th...(Subscriber-Only)
Issues:
- Is the Court of Appeals’ factual finding of the driver’s negligence reviewable by the Supreme Court?
- Were moral damages properly awarded for injuries sustained by a passenger in a breach of the contract of carriage?
- Was the allowance of attorney’s fees to respondent proper un...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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