Estrada v. Ruiz
Estrada v. Ruiz
Opinion of the Court
delivered the opinion of the Court.
Defendants appealed from a judgment rendered by the District Court of Aguadilla ordering them to pay the sum of $755 plus the costs and $100 for attorney’s fees. In their appeal they assign five errors. The first one is that the lower court erred in overruling the motion requesting the dismissal of the complaint for lack of facts sufficient to, state
In discussing the first error assigned appellants ' maintain that the complaint is insufficient since it does not allege that codefendant Maximiliana Ruiz was the owner of an enterprise. We do not agree. Since § 1803 of the.Civil
On the other hand, even if the aforesaid statutory provisions did not exist, it is clearly alleged in the complaint that the truck owned by eodefendant Maximiliana Ruiz was bearing license plate HP-1508. Given such allegations judicial notice could be taken that a truck bearing “HP” license plates was a heavy vehicle engaged in public service. Aponte v. Palacios, 55 P.R.R. 674. And being a heavy vehicle engaged in public service it could likewise be concluded that the same belonged to an enterprise within the scope and meaning of § 1803 of the Civil Code already described. Morales v. Caraballo, 27 P.R.R. 544. Thus, the first error assigned was not committed.
“That on March 8, 1947 and about six p. m. truck HP-1508, belonging to defendant Maximiliana Ruiz and driven by its chauffeur and employee Luis Soto Beauchamp, along the insular highway leading from San Sebastian to Las Marias within the judicial district of Aguadilla, Puerto Rico, was coming uphill on the middle of said highway which is quite narrow; that said truck was loaded with a crane and several pieces of a bulldozer, which implements are quite heavy; that at the time and in the same direction truck H-3777 was coming, driven by its owner, the plaintiff, at a reasonable distance behind the truck owned by defendant Maximiliana Ruiz; that said truck HP 1508 was going uphill along said highway and on turning a curve it stopped all of a sudden in the middle of the highway, without its chauffeur signaling in any way nor taking the due precautions; that as a result of the sudden halt of truck HP 15084 its motor stopped functioning and while its chauffeur maneuvered in order to start it again, he allowed it to violently slide back, its rear part colliding against plaintiff’s truck which had stopped on its right-hand side, after difficult maneuvering in a narrow road with a lot of curves and precipices on its right side.”
In the course of its opinion and upon making the aforesaid findings of fact, the court also said that “Because of the manner of testifying, their spontaneity, their honesty and because of the consistency and probability of their testimony, the court fully believes the witnesses for the plaintiff. The witnesses for the defense did not impress the court with the certainty required by the judge in the determination of the preponderance of the evidence nor has the court believed them after having seen and heard them.”
We have carefully read the transcript of the evidence and
In the third error assigned the District Court of Aguadilla is charged with having erred in holding that defendants were liable for the damages caused by the negligence of chauffeur Luis Soto, driver of vehicle HP-1508, when it was not proved that said driver was an employee of defendant Maximiliana Ruiz nor that he acted in the course of his employment when the accident happened. In discussing this error defendants forget that there is the presumption of juris tantum that the person who drives a motor vehicle belonging to an enterprise
The judgment appealed from will be affirmed.
See § 175 of Act No. 66 of July 16, 1921, as amended by Act No. 19 -of April 15, 1929 (p. 160) which authorizes that in these cases the action to claim may be presented, jointly against the insured person and the insurance company.
Section 1803 of the Civil Code (1930 ed.) as amended by Act.No. 120, supra, says in the pertinent part as follows:
“Owners or directors of an establishment or enterprise are equally liable for the damages caused by their employees in the service of the branches in which the latter may be employed or on account of their duties, and the owners or proprietors of any motor vehicle used for the private service of its owner or proprietor, are also liable for the damages caused by the operation of same by their employees or agents duly authorized to drive said vehicles, and while they act in the performance of their duties as such employees or agents, in accordance with the terms of their work contract.” (Italics ours.)
Section 19 of Act No. 279, supra, provides:
“The owner or proprietor of any motor vehicle of his own private use, shall be liable for the damages and losses caused by the operation of said vehicle by his agents or employees duly authorized to operate same while in the discharge of their duties as such employees or agents, in accordance with the terms of the work contract.”
The evidence for the plaintiff tended likewise to prove that the truck owned b.v codefendant Maximiliana Ruiz stopped suddenly due to the fact that when it turned a curve a man suddenly came out from the left side of the highway in order to go across.
Briefly, the evidence for the defendants was to the effect that plaintiff’s truck was running very close to that of codefendant Ruiz and that when the latter stopped, plaintiff’s truck collided with it causing the alleged damages.
The evidence proved that codefendant Maximiliana Ruiz owned several heavy trucks which she devoted to the transportation of freight on payment of fees.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.