G.R. No. L-1922
FACTS:
The City of Manila filed a case against Francisco Gambe, the pilot in command of the steamer Alfred, for damages caused to a bridge. The accident occurred when the Alfred collided with the bridge. The defense contended that the vessel’s owners should be liable due to the lack of a speaking tube between the bridge and the engine room. It was also argued that the evidence failed to sufficiently prove the actual damage sustained by the bridge.
ISSUE:
1. Whether the pilot, Francisco Gambe, or the owners of the steamer Alfred are liable for the damages caused to the bridge.
2. Whether the evidence presented adequately proves the amount of damages suffered.
RULING:
The Supreme Court affirmed the trial court’s judgment, holding defendant-appellant Francisco Gambe liable.
1. On Liability: The pilot, Francisco Gambe, who had complete command and control of the steamer Alfred at the time of the accident, is solely responsible. The accident was caused by his error in giving orders for “forward” and “full speed forward” when he should have ordered “astern.” The alleged lack of a speaking tube on the vessel did not contribute to the accident.
2. On Proof of Damages: The testimony of the City Engineer of Manila and the Port Inspector provided conclusive evidence of the actual damage to the bridge. As the defense presented no evidence to rebut this testimony, the trial court’s finding on the amount of damages is sustained.
The judgment of the trial court is affirmed, with costs against the appellant. Justice Willard dissented regarding the amount of damages.