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Astudillo v.

Manila Electric Company (1930)  who is not familiar with the danger arising from
  touching an electric wire.
Malcolm, ​J. ● Lastly, SC ruled that the negligence came from
Manila Electric’s act of placing the pole within
I. Facts:   proximity to a place frequented by many people.

● In August 1928, Juan Diaz Astudillo (20 year old IV. Dispositive: ​Judgment is in favor of Astudillo.
working student) died through electrocution when he
placed his right hand on a wire connected with an V. Dissenting: ​Johnson, J. ​: There is nothing in the
electric light pole near Santa Lucia Gate in Intramuros records that show that Manila Electric did anything
(walled city in Manila). negligent.
● Mrs. Astudillo then filed a case for damages against
Manila Electric Company. The latter set up the
defense that Juan Astudillo’s death was solely
because of his negligence and lack of care. They
claimed that they exercised the diligence of a good
father of a family to prevent the injury.
● CFI then ruled in favor of Astudillo.

II. Issues: ​W/N Manila Electric Company was at fault

and negligent and is liable for the death of Astudillo.
III. Rationale:  
● Supreme court described accurately the location of
the electric pole near the Santa Lucia Gate and
concluded that while the electric light pole has feeder
wires that are insulated and was inspected by the City
Electrician, its placement is very reachable to any
person. And even though the wire is a triple braid
weather proof type, if it is touched by a person, the
person is still in danger of electrocution.
● Considering that electricity is deadly, the measure of
care required of electric companies must be
commensurate with this danger. The duty of
exercising the high degree of diligence and care
extends to every place where persons have a right to
be. These poles should be located that persons
rightfully near it will not be injured. Moreover, the
wires and appliances in places where there is
probable likelihood of human contact must be
● The defense of Manila Electric that the accident was
entirely Juan Astudillo’s fault is untenable because he
did the natural thing to be expected from someone