Facts:
1. On the 11th day of September, 1908, Carmen Ong de Martinez,
was riding a carromata in Ermita, Manila when a delivery
wagon owned by the defendant (used for the transportation of fodder and to
which two horses are attached), came from the opposite direction, while
their carromata went close to the sidewalk in order to let
the delivery wagon pass by. However, instead of merely
passing by, the horses ran into the carromata occupied by the plaintiff with her
child and overturned it, causing a serious cut upon the plaintiff’s head.
3. The defendant contends that the cochero, who was driving his
delivery wagon at the time of the accident, was actually a good servant and was
considered a safe and reliable cochero. He also claims that the cochero was
tasked to deliver some forage at Calle Herran, and for that purpose the
defendant’s employee tied the driving lines of the horses to the front end of
the delivery wagon for the purpose of unloading the forage to be delivered. However,
a vehicle passed by the driver and made noises that frightened the horses
causing them to run. The employee failed to stop the horses since he was thrown
upon the ground.
4. From the stated facts, the court ruled that the defendant
was guilty of negligence. The court specifically cited a paragraph of Article
1903 of the Civil Code. Hence, this is appeal to reverse such decision.
Issue: Whether or not the
employer, who has furnished a gentle and tractable team (of horses) and a
trusty and capable driver, is liable for the negligence of such driver.
NO. The cochero of the defendant was not negligent in
leaving the horses in the manner described by the evidence in this case. It is
believed that acts or performances which, in a long time, have not been
destructive and which are approved by the society are considered as custom.
Hence, they cannot be considered as unreasonable or imprudent.
The reason why they have
been permitted by the society is that they are beneficial rather that
prejudicial. One could not easily hold someone negligent because of some act
that led to an injury or accident. It would be unfair therefore to render the
cochero negligent because of such circumstances.
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