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torts digest compi

torts digest compi

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Published by cornerkick

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Published by: cornerkick on May 12, 2008
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09/30/2015

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October 14, 1930

FACTS:

A truck owned by a certain Antonio Ora was on its way to Santa Mesa carrying large pieces of lumber
belonging to Norton & Harrison Co.

The driver, who was with two other people (Binoya and Bautista; all 3 of them are below 18), upon
noticing that the lumber had become loosened, stopped the truck for the purpose of rearranging it.

However, before it could be rearranged, some large pieces of lumber fell from the truck and pinned
beneath it a 7-year old boy who was passing by. The boy died instantly.

The driver and his companion in the truck were charged with the crime of homicide through reckless
imprudence to which they pleaded guilty. Subsequently, a complaint for damages was filed.

SC would later confirm from testimony that:
1.the truck in question was owned by Antonio Ora
2.that the lumber was owned by Norton & Harrison Co.

3.that Ora had regularly rented out his truck to Norton & Harrison Co. for the purpose of transporting
the latter’s lumber
4.that Ora was also employed by Norton & Harrison Co. as capataz (foreman) and that it was his duty
as such employee to direct the loading and transportation of lumber
5.that the driver of the truck and his companions were also in the employ of Norton & Harrison, but
they were not the men who were directed by Ora to load the lumber on the truck

CFI absolved Norton & Harrison from the complaint which alleged that the death of the boy was caused
by its negligence.

ISSUE: Won Norton & Harrison should be held responsible

HELD: YES

It is evident that Ora was a contractor and employee at the same time of Norton & Harrison Co.
However, he is not an independent contractor. Such distinction is important because Norton & Harrison
Co, as an employer of Ora, retained the power of directing and controlling his work.

As an employee of Norton, Ora was charged with the duty of directing the loading and transportation of
the lumber. And it was the negligence in loading the lumber and the use of minors on the truck which
caused the death of the boy.

For his negligence, defendant Norton & Harrison Co. is also responsible for the death.

Judgment reversed.

(mejo mahirap intindihin ang syllogism ng decision)

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