Case Summary (G.R. No. L-12219)
Facts of the Collision
While riding his pony halfway across the 75 m-long, 4.80 m-wide bridge, Picart encountered Smith’s automobile approaching at about 10–12 mph. Smith sounded his horn three times but, seeing the rider on the wrong side, assumed he would yield. Picart, startled, hugged the right railing. Smith continued straight, failed to slow or veer left, then swerved at the last moment, frightening the pony into crossing the car’s path. The car’s flange struck and broke the pony’s left hind leg; the animal later died. Picart suffered temporary unconsciousness and required medical treatment.
Issue
Was Smith negligent in operating his automobile so as to incur civil liability for the damage to Picart’s pony and for the rider’s injuries?
Standard of Negligence
Negligence is measured by whether a reasonably prudent person under the same circumstances would have foreseen the risk and taken precautions either to stop or to avoid the peril. The “last clear chance” rule imposes liability on the party who, having the final opportunity to prevent harm, fails to do so.
Court’s Reasoning on Negligence
- Initial Assumption: Smith lawfully presumed Picart would keep right.
- Change of Circumstances: As Smith advanced toward the bridge’s center, it became obvious Picart could not or would not shift left.
- Duty to Act: Upon perceiving imminent danger, Smith should have stopped immediately or passed wide on the left, clear of the pony.
- Failure to Mitigate Risk: Instead, he maintained speed and only swerved at the last moment, creating greater risk by startling the animal.
- Foreseeability: A prudent driver would have anticipated a horse might panic upon close approach of an unfamiliar vehicle.
Conclusion: Smith’s conduct fell below the standard of care expected of a reasonably prudent motorist.
Contributory Negligence and “Last Clear Chance”
- Picart was initially negligent for positioning his pony on the wrong side of the roadway.
- However, Smith had the final opportunity to avert collision once he realized Picart could not escape.
- Under the “last clear chance” doctrine, Smith’s failure to stop or give ample clearance makes him solely responsible, notwithstanding Picart’s antecedent fault.
Special Defense: Res Judicata
Smith p
Case Syllabus (G.R. No. L-12219)
Facts of the Case
- On December 12, 1912, at Carlatan Bridge in San Fernando, La Union, plaintiff Amado Picart was riding his pony across a 75-meter-long, 4.80-meter-wide bridge.
- Defendant Frank Smith, Jr. approached from the opposite end in an automobile at approximately 10–12 miles per hour.
- As he neared the bridge, Smith sounded his horn three times—once before entry and twice more on the bridge—to warn the horseman.
- The plaintiff saw and heard the automobile but, startled by its novelty and speed, pulled his pony against the right-hand railing instead of moving to the left side.
- Assuming the rider would yield, the defendant steered toward the center of the bridge without reducing speed.
- When it became clear the pony could not escape, Smith swerved right at close range; the car’s flange struck the pony’s left hind hock, fracturing the limb.
- The pony fell and later died from its injuries; Picart was thrown off, suffered contusions and temporary unconsciousness, and required several days of medical care.
Procedural Background
- Picart filed suit in the Court of First Instance of La Union seeking ₱31,100 in damages for the loss of his horse, personal injuries, and other damages.
- The trial court absolved Smith of liability.
- Picart appealed to this Court.
- The Supreme Court bench included Chief Justice Arellano and Justices Torres, Carson, Araullo, Avancena, and Fisher (concurring), with Justice Johnson reserving his vote.
Issue for Determination
- Whether defendant Frank Smith, Jr. was negligent in the operation and maneuvering of his automobile so as to give rise to civil liability for the damages sustained by Picart’s pony and Picart himself.
Supreme Court’s Holding
- The Court held that Smith was negligent in his management