Professional Documents
Culture Documents
mention the fact that it had fully operated underthe contract only for a
limited time
Frank Smith was engaged in the business of carrying passengers for hire from the one
point to another in the Province of La Union and the surrounding provinces. Smith
undertook to convey Honorio Lasamand Joaquina Sanchez in a Ford automobile.
On leaving, the automobile was operated by a licensed chauffeur, but the chauffeur
allowed hisassistant, Remigio Bueno, to drive the car.
The defects developed in the steering gear so as to make accurate steering impossible,
and after zigzagging for a distance of about half a kilometer, the car left the road and
went down a steepembankment.
The automobile was overturned and the plaintiffs pinned down under it. Mr. Lasam
escaped with a few
contusions and a dislocated rib but his wife received serious injuries, among which
was a compound
fracture of one of the bones in her left wrist.
Plaintiff Lasam brought the action to recover damages against Smith for the physical
injuries sustainedin an automobile accident.
Both the plaintiffs and the defendant appeal, Lasam maintained that the damages
awarded areinsufficient while the Smith denies all liability for any damages whatever.
ISSUE:
W/N Smith is liable to the injuries caused by the accident
RULING:
Yes. Smiths liability is contractual. The source of the its liability is the contract of
carriage; that by
entering into that contract he bound himself to carry the plaintiffs safely and securely to
their destination; and that having failed to do so he is liable in damages unless he
shows that the failure tofulfill his obligation was due to causes mentioned in article 1105
of the Civil Code.
Some extraordinary circumstance independent of the will of the obligor of his employees
is an essentialelement of a caso fortuito. This element is lacking. It is not suggested that
the accident was due to anact of God or to adverse road conditions which could not have been
foreseen. The accident wascaused either by defects in the automobile or else through the
negligence of its driver.
Neither under the American nor Spanish law is a carrier of passengers an absolute
insurer against therisks of travel from which the passenger may protect himself
by exercising ordinary care and diligence.Here, the passengers had no means
of avoiding the danger or escaping the injury.
In determining the extent of the liability for losses or damages resulting from negligence
in the
fulfillment of a contractual obligation, the courts have a discretionary power to
moderate the liabilit
y