Campis v. People
Campis v. People
Opinion of the Court
delivered tlie opinion of the Court.
Act No. 237 of May 12, 1945 (Laws of 1945, p. 802), in its pertinent part reads as follows:
“Section 1. — Natalia Campis, of Cabo Eojo, Puerto Eico, is hereby authorized to sue The People of Puerto Eico for claim for damages caused through an accident suffered by her on August 26, 1944, in the town of Cabo Eojo, Puerto Eico, by falling in an excavation made in Eius Eivera Street by the War Emergency Program which at that time was making repairs to the streets of that town.”
Said Act contains two more Sections and a Declaration of Policy. It is provided by § 2 that all laws or parts of laws in conflict with the Act are thereby repealed and by § 3, that the Act, being of an urgent and necessary character, shall take effect immediately after its approval.
Pursuant to the Act, on July 12, 1945, Natalia- Campis filed, in the District Court of Mayagiiez, a complaint in an action for damages against The People of Puerto Eico, which may be summarized thus: (1) That her claim was authorized by legislative action through Act No. 237; (2) that on August 26, 1944, at about 9 P.M., while walking along Eius Eivera Street of the town of Cabo Eojo, she fell headlong-in an excavation made there as a part of the work of repairing the streets and sidewalks of said town carried out by and under the direction of the War Emergency Program, which in its turn is one of the activities authorized by the Insular Emergency Council, created as an executive agency of the Grovernment of Puerto Eico by Act No. 16, approved November 27, 1942; (3) that in the accident involved, she sustained a fracture of her right collarbone, etc.; (4) that said accident was due directly and solely to the negligence and carelessness of the persons employed in the said work;
The defendant answered and denied the essential aver-ments of the complaint. It then raised certain questions of law which were repeatedly overruled, and after the witnesses, were heard, the court rendered judgment for the plaintiff. The People thereupon appealed, and in its brief it has assigned two errors, the first one being that the district court erred in holding that the plaintiff was not bound to furnish the bond required by § 4 of Act No. 76 of April 13, 1916, as a condition precedent to the bringing of the action, and that, therefore, it erred in exercising jurisdiction over the case.
It is a general principle of law that the state can not be sued without its consent. Bonet v. Yabucoa Sugar Co., 306 U. S. 505; Porto Rico v. Rosaly, 227 U. S. 270; Valiente & Co. v. Cuevas, Com’r, 65 P.R.R. 169; Méndez v. Buscaglia, Treas., 64 P.R.R. 707; and Rivera v. People, 65 P.R.R. 926. And where it consents to be sued all the conditions prescribed by it for such suit must be complied with. Saurí & Subirá v. Sepulveda, 25 P.R.R. 224, 226.
In said Act No. 237 of 1945, the People of Puerto Rico merely authorizes Natalia Campis to bring an action for damages against it for the injuries sustained by her. As we stated in M. Grau e Hijos v. People, 51 P.R.R. 12, 14, the Act
Under the terms of the Act, the furnishing of a bond is a condition precedent and in default thereof the district court in which a suit is brought against the People of Puerto Rico does not acquire jurisdiction. Ortiz v. People, 59 P.R.R. 443; Masini v. People, 53 P.R.R. 280, 283.
Since the plaintiff has at no time filed the bond required by § 4 of the Act of 1916, nor has she requested or obtained from the lower court an order exempting her from giving bond on account of her poverty, it is clear that the District Court of Mayagiiez did not acquire jurisdiction to take cognizance of this case. The error assigned was therefore committed.
Having reached the above conclusion, we need not discuss the second error assigned. It is to the effect that the complaint does not state facts constituting a cause of action, as it is not alleged therein that the negligent acts were performed by a special agent
The judgment appealed from should be reversed and the complaint dismissed.
Miller v. Pillsbury, 164 Cal. 199, Ann. Cas. 1914 B, 886, 128 Pac. 327.
For a study of what is meant by special agent under $ 1803, 1930 ed., see Soto v. Lucchetti, 58 P.R.R. 715, and Rivera v. People, supra.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.