Art.

11-12
Martinez v Van Buskirk
G.R. No. L-5691 December 27, 1910
S. D. MARTINEZ and his wife, CARMEN ONG DE MARTINEZ, plaintiffs-appellees, vs.WILLIAM VAN BUSKIRK,
defendant-appellant.
Moreland, J.:

Case Doctrine:
It is a universal practice of merchants during that time to deliver products through horse-drawn
vehicles; and it is also considered universal practice to leave the horses in the manner in which they were left
during the accident. It has been practiced for a long time and generally has not been the cause of accidents or
injuries the judgment is therefore reversed.

Facts:
On the 11th day of September, 1908, Carmen Ong de Martinez, was riding a carromata in Ermita,
Manila when a delivery wagon owned by the defendant (used for the transportation of fodder and to which two
horses are attached), came from the opposite direction, while their carromata  went close to the sidewalk in
order to let the delivery wagon pass by.    However, instead of merely passing by, the horses ran into the
carromata occupied by the plaintiff with her child and overturned it, causing a serious cut upon the plaintiff’s
head.

 The defendant contends that the cochero, who was driving his delivery wagon at the time of the
accident, was actually a good servant and was considered a safe and reliable cochero. He also claims that the
cochero was tasked to deliver some forage at Calle Herran, and for that purpose the defendant’s employee tied
the driving lines of the horses to the front end of the delivery wagon for the purpose of unloading the forage
to be delivered. However, a vehicle passed by the driver and made noises that frightened the horses causing
them to run. The employee failed to stop the horses since he was thrown upon the ground.

The lower court ruled that the defendant was guilty of negligence. The court specifically cited a
paragraph of Article 1903 of the Civil Code. Hence, this is appeal to reverse such decision.

Issue: Whether or not the employer, who has furnished a gentle and tractable team (of horses) and a trusty
and capable driver, is liable for the negligence of such driver.

NO. The cochero of the defendant was not negligent in leaving the horses in the manner described by the
evidence in this case. It is believed that acts or performances which, in a long time, have not been destructive
and which are approved by the society are considered as custom. Hence, they cannot be considered as
unreasonable or imprudent.

 The reason why they have been permitted by the society is that they are beneficial rather that prejudicial. One
could not easily hold someone negligent because of some act that led to an injury or accident. It would be unfair
therefore to render the cochero negligent because of such circumstances.

 The court further held that it is a universal practice of merchants during that time to deliver products through
horse-drawn vehicles; and it is also considered universal practice to leave the horses in the manner in which
they were left during the accident. It has been practiced for a long time and generally has not been the cause of
accidents or injuries the judgment is therefore reversed.