PICART vs SMITH

FACTS:
- Picart was riding his pony over a bridge in La Union
> before he crossed the same, respondent approached from the opposite direction with
an automobile
> as respondent was nearing petitioner, he honked his horn thrice as a signal of warning
> because petitioner did not seem to be paying attention

- Picart saw the automobile as well as heard the warning signals

> he pulled his horse closely against the railings on the right side of the bridge instead of
avoiding respondent
> he thought he had no sufficient time to get over the other side

- Smith guided his automobile to the left, the proper side of the road, as he approached Picart
> Smith did not slow down as he approached the horse
> he tried to quickly turn the vehicle but still hit and injured Picart’s horse
> the horse broke its limb and threw the rider off its back, causing injury
> the horse eventually died from such injury
> Picart received contusions and temporary unconsciousness

ISSUE:
- WON Smith was guilty of negligence giving rise to civil obligations to repair the damage done

RULING:
- YES. While Picart also contributed negligence to the facts by not positioning himself on the
proper side of the road, Smith had the last fair chance to avoid the accident
> he is chargeable with the consequences, without reference to the prior negligence of
the other party

NOTES:
Determination of Negligence:
- Did defendant in acting negligently use that person would have used in the same situation? If
not, then he is negligent

- A prudent man, placed in the position of the defendant, would in our opinion, have recognized
that the course which he was pursuing was fraught with risk, and would therefore have
foreseen harm to the horse and the rider as reasonable consequence of that course.

TEST to DETERMINE
Did the SMITH in doing the alleged negligent act use that reasonable care and caution which an
ordinarily prudent person would have used in the same situation? If not, then he is guilty of negligence

LAST CLEAR CHANCE rule

the person who has the last fair chance to avoid the impending harm and fails to do so is chargeable
with the consequences, without reference to the prior negligence of the other party