Professional Documents
Culture Documents
(1910)
G.R. No. L-4977 March 22, 1910
Lessons Applicable:
Elements of quasi-delict (Torts and Damages)
Good Father of a Family (Torts and Damages)
FACTS:
September 30, 1905 Sunday afternoon: David Taylor, 15 years of age, the son of a
mechanical engineer, more mature than the average boy of his age, and having
considerable aptitude and training in mechanics with a boy named Manuel Claparols,
about 12 years of age, crossed the footbridge to the Isla del Provisor, for the purpose
of visiting Murphy, an employee of the defendant, who and promised to make them a
cylinder for a miniature engine
After leaving the power house where they had asked for Mr. Murphy, they walked
across the open space in the neighborhood of the place where the company dumped
in the cinders and ashes from its furnaces
they found some twenty or thirty brass fulminating caps scattered on the ground
These caps are approximately of the size and appearance of small pistol cartridges
and each has attached to it 2 long thin wires by means of which it may be discharged
by the use of electricity
They are intended for use in the explosion of blasting charges of dynamite, and have
in themselves a considerable explosive power
the boys picked up all they could find, hung them on stick, of which each took end,
and carried them home
After crossing the footbridge, they met Jessie Adrian, less than 9 years old, and they
went to Manuel's home
The boys then made a series of experiments with the caps
trust the ends of the wires into an electric light socket - no result
break the cap with a stone - failed
opened one of the caps with a knife, and finding that it was filled with a yellowish
substance they got matches
David held the cap while Manuel applied a lighted match to the contents
An explosion followed, causing more or less serious injuries to all three
Jessie, who when the boys proposed putting a match to the contents of the cap,
became frightened and started to run away, received a slight cut in the neck
Manuel had his hand burned and wounded
David was struck in the face by several particles of the metal capsule, one of which
injured his right eye to such an extent as to the necessitate its removal by the
surgeons
Trial Court: held Manila Electric Railroad And Light Company liable
ISSUE:
ART. 1089 Obligations are created by law, by contracts, by quasi-contracts, and illicit
acts and omissions or by those in which any kind of fault or negligence occurs.
ART. 1902 A person who by an act or omission causes damage to another when
there is fault or negligence shall be obliged to repair the damage so done.
ART. 1903 The obligation imposed by the preceding article is demandable, not only
for personal acts and omissions, but also for those of the persons for whom they
should be responsible.
The father, and on his death or incapacity the mother, is liable for the damages
caused by the minors who live with them.
xxx xxx xxx
Owners or directors of an establishment or enterprise are equally liable for damages
caused by their employees in the service of the branches in which the latter may be
employed or on account of their duties.
xxx xxx xxx
The liability referred to in this article shall cease when the persons mentioned therein
prove that they employed all the diligence of a good father of a family to avoid the
damage.
ART. 1908 The owners shall also be liable for the damage caused —
1 By the explosion of machines which may not have been cared for with due
diligence, and for kindling of explosive substances which may not have been placed
in a safe and proper place.