Gutierrez v Gutierrez, G.R. No. 34840, Septembet 23, 1931 CASE DIGEST

Facts:

    The case is one of two drivers approaching a narrow bridge from opposite directions, with neither being willing to slow down and give the right of way to the other, with the inevitable result of a collision and an accident.

    A passenger truck and a private automobile collided while attempting to pass each other on a bridge. The truck was driven by Abelardo Velasco and owned by Saturnino Cortez. The private automobile was operated by Bonifacio Gutierrez, a lad, 18 years of age, owned by his parents, Mr. and Mrs. Manuel Gutierrez. At the time of the collision, the father was not in the vehicle, the mother along with the other members of the family. seven in total were accommodated. A passenger of the truck, petitioner herein, was en route to Manila. The collision resulted in the petitioner suffering a fractured right leg. It is conceded that the collision was caused by negligence. The difference is, the petitioner blames both parties; the owner of the passenger truck blames the private automobile; and the private automobile blames the passenger truck.

Issue:

    WoN the private automobile and passenger truck are liable for damages?

Ruling:

(Article 1172)

    Yes, both are liable.

    Civil liability arising from fault or negligence.

    (Private vehicle)

    The running of the machine by a child to carry other members of the family is within the scope of the owner's business so that he is liable for the negligence of the child because of the relationship of master and servant.

    (Passenger truck)

    Liability rests on that of a contract.