Case Digest (G.R. No. 185716)
Facts:
Walter A. Smith & Co., Inc. v. Cadwallader Gibson Lumber Company, G.R. No. 32640, December 29, 1930, the Supreme Court En Banc, Villamor, J., writing for the Court.On August 30, 1926 the steamer Helen C., owned by Cadwallader Gibson Lumber Company and commanded by Captain Miguel Lasa, while maneuvering to moor at Walter A. Smith & Co., Inc.’s wharf in the port of Olutanga, Zamboanga, struck the wharf, partially demolishing it and causing timber piled on the wharf to fall into the water. The plaintiff filed suit against the shipowner to recover P9,705.83 as damages for the partial demolition of the wharf and loss of the timber.
The defendant denied liability and contended that the collapse was caused by the excessive weight of timber (60,000 board feet) piled by the plaintiff on a portion of the wharf and by the poor condition of the piles supporting the wharf. At trial the court received testimony and photographic exhibits; witnesses for the plaintiff described a substantial impact and asserted that the winches were operated with excessive force, while the captain testified that anchors and lines were used and the winches were carefully operated.
The trial court found that the wharf had been built in 1921 and only partly repaired in 1925 (six bents of piles replaced, leaving more than nine unreplaced), that the impact of the Helen C. was slight and that the aged and partially repaired condition of the dock, together with an excessive load of timber concentrated on one-fourth of the wharf, were sufficient to explain...(Subscriber-Only)
Issues:
- Is the shipowner liable to a third party for damage to a wharf and loss of cargo when its vessel, while docking, strikes the wharf?
- Did the plaintiff prove negligence on the part of the captain or the shipowner such that liability under articles 1902 and 1903 of the Civil Code should attach, or was any presumption of emp...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)