Ramírez v. Marín
Ramírez v. Marín
Opinion of the Court
delivered the opinion of the Court.
Plaintiffs, in an action for personal injuries received as the result of an automobile accident, appeal from an adverse judgment .and say that the district court erred in permitting defendant to introduce in evidence a certain writing for the purpose of impeaching one of his witnesses.
Counsel for defendant, while examining one of defendant’s witnesses, announced that certain statements made by the witness came as a surprise to defendant. Asked whether or not at a certain time and place witness had made a statement before an attorney (Pascasio Fajardo) and one Valdes, he answered in the affirmative. The witness was then asked to examine the writing in question and counsel for plaintiffs objected on the ground that the impeachment should proceed without exhibition of the document. The court overruled the objection and told counsel to ask the witness if that was his
Section 159 of the Law of Evidence, referring to contradictory statements previously made, expressly provides that
Other points suggested by the argument for appellants, in so far as they are covered by the assignment, do not demand serious consideration. The court did not err in admitting the document.
Appellants also submit that the district court erred in holding that defendant was not responsible for the damages caused by the negligence of his chauffeur, Nicolás Duperón, and, in so holding, misapplied the doctrine of respondeat superior.
It may be conceded that the evidence for plaintiffs established a prima facie case under the authority of Truyol & Company v. West India Oil Company, 26 P.R.R. 321; Cortijo v. Domínguez, 36 P.R.R. 844; Ramos de Anaya v. López, 36 P.R.R. 451; Guzmán v. Ortiz, 39 P.R.R. 170, and Sánchez v. Asiatic Petroleum Co., 40 P.R.R. 98. The district judge found, however, that Duperón had taken the car from the garage at a late hour of the night and at the time of the accident was using the same for his own pleasure and that of his friends without the knowledge or consent of defendant, the owner. The evidence for defendant fully sustains these findings. There was also testimony for plaintiffs which tended to show that Duperón had been sent on an errand by another employee of defendant, but this was contradicted by other testimony adduced by defendant, and the finding of the district judge upon this point was likewise adverse to plaintiffs. The district judge did not err either in his findings of fact or in his conclusions of law based upon such findings.
What we have said practically disposes of another question separately discussed in the brief for appellants involving
In view of the foregoing conclusions, we do not deem it necessary to discuss another contention of appellants, first in the order of assignment, to the effect that the district court erred in sustaining a demurrer for misjoinder of parties plaintiffs, interposed after the overruling of a previous demurrer for want of facts sufficient to constitute a cause of action.
The judgment appealed from must he affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.