FACTS:
On November 20, 1906, the City of Manila’s launch “Jan,” towing six small scows up the Pasig River, collided with a large, heavily laden lighter towed by The Atlantic, Gulf and Pacific Company’s launch “Oriente,” which was proceeding downstream. The “Jan” (which carried lights and was properly manned) blew its whistle and veered to starboard, into shoal water, upon seeing the “Oriente.” The “Oriente” also veered to starboard, and the launches successfully passed each other. However, the defendant’s lighter, being slow to change direction, struck the “Jan,” causing it to run aground and sustain damage near its port bow. The City of Manila sought P1,020.50 in damages.

The Court of First Instance awarded damages to the plaintiff. The court considered several factors, including the “Oriente’s” captain having only a permit (not a full license), the use of a single tow rope, and the absence of a helmsman on the lighter. The Atlantic, Gulf and Pacific Company appealed, claiming they did all in their power to avoid the collision. Expert testimony, however, indicated that boats going against the current are quicker to steer, and a single tow rope is customary for river tows to allow for greater freedom of movement for the towed vessel. It was established that the defendant’s lighter had no light, no crew, and no rudder.

ISSUE:
Was The Atlantic, Gulf and Pacific Company negligent in the operation of its launch and tow, thereby making it liable for the damages sustained by the City of Manila’s launch?

RULING:
Yes, The Atlantic, Gulf and Pacific Company was negligent and is liable for the damages.

The Supreme Court, in its decision dated December 19, 1908, affirmed the judgment of the Court of First Instance. While the Court dismissed some of the lower court’s reasoning (such as the captain’s permit and the number of tow ropes used, given expert testimony), it found that the defendant’s lighter was inherently unmanageable. The Court explicitly stated that “the lack of a rudder and of any person to direct the boat so clearly deprived it of control of its own movements that we are satisfied that when under tow of the forked rope it was not handily manageable.” This unmanageability caused the lighter to strike the plaintiff’s launch instead of following in the wake of its own tow. Therefore, the accident occurred because the defendant’s scow was not properly provided with a helm (rudder) and steersman.