G.R. No. 32774, October 14, 1930
BALBINO CUISON, plaintiff-appellant, vs. NORTON & HARRISON CO., TELESFORO BINOYA Y ALMINANZA and FRANCISCO BAUTISTA Y CRUZ, defendants. NORTON & HARRISON CO., appellee.

FACTS

Balbino Cuison filed an action for damages against Norton & Harrison Co. for the death of his 7-year-old son, Moises Cuison. On August 9, 1928, while Moises was walking near a fire station in Manila, large pieces of lumber fell from a stopped truck, pinning and killing him. The truck (T-101) was owned by Antonio Ora but bore the letters “N-H” (for Norton & Harrison). It was driven by Felix Jose, with helpers Telesforo Binoya and Francisco Bautista (both minors), who were Ora’s employees. The truck was rented by Ora to Norton & Harrison Co. to transport lumber. At the time of the accident, the lumber had loosened, and the truck stopped to rearrange it, but the lumber fell before it could be secured. Antonio Ora was also employed by Norton & Harrison Co. as a capataz (foreman), whose duty included directing the loading and transportation of lumber. The trial court absolved Norton & Harrison Co. from liability.

ISSUE

Whether Norton & Harrison Co. is civilly liable for the death of Moises Cuison caused by the negligence of the persons loading and handling the lumber on the truck, notwithstanding that the truck was owned and operated by Antonio Ora.

RULING

Yes. The Supreme Court reversed the trial court’s decision and held Norton & Harrison Co. liable.
The Court found that Antonio Ora, while owning the truck and contracting for its use, was simultaneously an employee (capataz) of Norton & Harrison Co., tasked with supervising the loading and transport of lumber. The negligence that caused the accidentimproper loading and the use of minor helpersoccurred in the discharge of duties pertaining to this employment. Therefore, Ora was not an independent contractor but a servant of the company. Under the applicable law, an employer is liable for the negligent acts of its employees committed in the discharge of their duties. Consequently, Norton & Harrison Co. was held vicariously liable. The Court awarded damages of P1,000 to the plaintiff, following the prevailing practice in death-by-negligence cases absent special proof of higher damages.