Facts:

• The case George E. Worcester vs. Bucknall Steamship Lines, Ltd. was decided by the Supreme Court of the Philippines on March 20, 1912.
• Plaintiff George E. Worcester filed a complaint against Bucknall Steamship Lines, Ltd. regarding the loss of cargo due to the sinking of the steamship Kaloma in Singapore's harbor.
• The sinking occurred while the ship was attempting to extinguish a fire in the case-oil section of its cargo.
• After the lower court ruled in favor of Worcester, the defendant sought a new trial, citing newly discovered evidence—a deposition from the master of the Kaloma about the fire and cargo loss.
• The Supreme Court needed to determine the admissibility of this new evidence and whether a new trial was warranted.

Issue:

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Ruling:

• The Supreme Court granted a new trial, contingent upon the defendant-appellant paying all accrued costs up to the lower court's judgment date.
• The plaintiff was allowed to dismiss his complaint within thirty days of the record's return to the lower court without incurring additional costs.
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Ratio:

• The Supreme Court recognized the challenges in obtaining testimony from the master of an ocean-going vessel regarding events that occurred months earlier in a foreign port.
• The court noted that the master remained employed by the defendant after the incident, indicating that securing his testimony was feasible.
• The significance of the new evidence was highlighted, as it could potentially show that the fire was not due to the negl...continue reading