QUASI-DELICT CASE DIGEST

Case Title: Bernal vs. J.V. House and Tacloban Electric and Ice Plant, LTD.
G.R. No.: L-30741

Date of Promulgation: January 30, 1930

Ponente: Justice Malcolm

Facts:
On April 10, 1925 the procession of Holy Friday was held in Tacloban, Leyte. Fortunata
Enverso with her daughter Purificacion Bernal came by to attend the religious celebration.
After the procession was over, Fortunata and Purification passed along the Gran Capitan
street. While passing by, Purification is walking in advance but in a short distance from her
mother. Meanwhile, when in front of the offices of the Tacloban Electric & Ice Plant, Ltd., an
automobile appeared from the opposite direction which frightened the child that she turned
to run, with the result that she fell into the street ditch. At that time there was hot water in
this ditch coming from the Electric Ice Plant of J.V. House. Hence, the child was
immediately rushed into the hospital. Unfortunately, the child died at that same night. Dr.
Benitez, the resident physician, certified that the cause of death was the "3rd Degree Burn
of the whole Body", and that the contributory causes were "Congestion of the Brain and
visceras of the chest & abdomen".

Thus, the petitioners filed an action for damages against the private respondent.

Contentions raised before RTC:

The private respondent contended that it is not liable because the hot water was
permitted to flow down the side of the street of Gran Capitan with the knowledge and
consent of the authorities; and that the cause of death was other than the hot water, is the
contributory negligence of the mother and child.

RTC's decision:
The trial judge ordered for the dismissal of the action because of the contributory
negligence of the plaintiffs.

Issue:
Whether or not the plaintiffs are guilty of contributory negligence.