G.R. No. 30741 , January 30, 1930
TOMAS BERNAL and FORTUNATA ENVERSO, plaintiffs-appellants, vs. J. V. HOUSE and TACLOBAN ELECTRIC AND ICE PLANT, LTD., defendants-appellees.

FACTS

On the evening of April 10, 1925, Fortunata Enverso and her five-year-old daughter, Purificacion Bernal, were walking along Gran Capitan Street in Tacloban, Leyte, after a religious procession. The child, running a short distance ahead, was startled by an approaching automobile, causing her to turn, run, and fall into a street gutter. The gutter contained hot water flowing from the electric ice plant operated by J.V. House. The child suffered extensive third-degree burns and died later that night. The parents sued for damages, alleging negligence on the part of the defendants in allowing hot water to flow into a public street. The trial court dismissed the case, citing contributory negligence on the part of the plaintiffs.

ISSUE

Whether the defendants are liable for damages arising from the death of the child despite the alleged contributory negligence of the plaintiffs.

RULING

Yes, the defendants are liable. The Supreme Court reversed the trial court’s decision, holding that:
1. The death of the child was directly caused by the hot water negligently allowed to flow into the public street by J.V. House, creating a dangerous condition.
2. Any contributory negligence on the part of the child or her mother does not bar recovery but may only reduce damages. The mother and child had a right to use the public street, and the incident was an unforeseeable accident.
3. Only the mother, Fortunata Enverso, as the legitimate parent who supported the child, is entitled to recover damages. The natural father, Tomas Bernal, who never legally recognized the child, is not entitled.
4. Liability rests solely with J.V. House, as the franchise holder and operator at the time of the incident, not with the Tacloban Electric & Ice Plant, Ltd., to which the franchise was transferred nearly a year after the accident.
5. In the absence of exact proof of pecuniary loss, the Court awarded P1,000 as indemnity, consistent with precedents in similar cases.
The Court ordered J.V. House to pay Fortunata Enverso P1,000 plus costs.