Case Summary (G.R. No. L-5691)
Petitioner
William Van Buskirk
Respondent
Carmen Ong de Martinez and her husband, S.D. Martinez
Key Dates
• September 11, 1908 – Date of the accident
• October 17, 1908 – Interest computation begins
• December 27, 1910 – Decision date
Applicable Law
Under the prevailing legal regime (Civil Code, Arts. 1902–1903):
• Art. 1902 – Liability for damages caused by one’s fault or negligence
• Art. 1903 – Extension of liability to acts or omissions of persons for whom one is responsible, including masters for their servants, unless the latter have employed “all the diligence of a good father of a family”
Facts
• Martinez was traveling along the left side of Calle Real when Van Buskirk’s delivery wagon approached at high speed in the opposite direction.
• The carromata driver stopped close to the sidewalk to allow the wagon to pass.
• Instead of passing, the wagon’s horses ran into the carromata, overturning it and inflicting a head wound on Martinez.
• The cochero, left unattended while unloading forage, had tied the reins to the front of the wagon. Another vehicle’s passing and the cracking of a whip frightened the horses, causing them to bolt.
Issue
Whether Van Buskirk is liable for negligence under the Civil Code for injuries resulting from his employee’s management of the horses.
Holding
The Supreme Court reverses the lower court’s judgment and finds no negligence on the part of Van Buskirk’s cochero.
Rationale
• The horses were described as gentle and tractable. The cochero was experienced, having driven the team for months without incident.
• Custom among Manila merchants and their drivers permitted leaving horses hitched to the wagon while unloading goods. This practice, sanctioned by employers and acquiesced in by the public, did not inherently involve unreasonable
Case Syllabus (G.R. No. L-5691)
Facts
- On September 11, 1908, Carmen Ong de Martinez and her child were riding in a carromata along the left side of Calle Real in Ermita, Manila.
- A delivery wagon owned by William van Buskirk, drawn by two horses and driven by his cochero (employed driver), approached from the opposite direction at high speed.
- The carromata driver stopped close to the sidewalk to let the delivery wagon pass, but the delivery wagon struck and overturned the carromata.
- As a result, Carmen Ong de Martinez suffered a serious head laceration; the carromata and its harness were also damaged.
Evidence Presented
- Plaintiffs: Facts of the collision and injuries were undisputed.
- Defendant: The horses were “gentle and tractable,” the cochero “experienced and capable,” and it was customary to tie the reins to the front of the wagon and leave the horses momentarily unattended while unloading.
- The cochero had tied the lines and gone inside the wagon to unload forage at Paco Livery Stable; another vehicle’s whip‐crack and noise frightened the horses, which bolted onto Calle Real and caused the collision.
Procedural Posture
- Trial Court: Found Van Buskirk negligent under Civil Code arts. 1902 and 1903; awarded ₱442.50