Hernández Morales v. Rodríguez Soto
Hernández Morales v. Rodríguez Soto
Opinion of the Court
delivered the opinion of the Court.
Some vehicles having been deposited in an establishment in order to be repaired, it is incumbent upon the owner of the establishment to establish that the damages sustained by the vehicles as a result of a fire which occurred in said place were not due to his fault or negligence and, failing to do so, he is liable for such damages. For that reason the judgment should be reversed in these cases which denied such liability.
In his complaint filed against defendants-appellees, De-metrio Pillot alleged that a vehicle of his, a Cadillac, while in the possession, control and custody of Gregorio Rodriguez Soto, resulted in a total loss as a consequence of a fire which started in a cabinet for bottles owned by the codefendant Pepsi Cola Bottling Company of Puerto Rico (hereinafter designated as Pepsi Cola), a fire which was negligently caused by the codefendants Rodríguez Soto and Pepsi Cola. He alleged a loss of $4,500, and that the defendant companies had issued and had policies in force covering the negligence of the former two defendants. Rodríguez Soto and the Northern Assurance Company answered admitting the alleged possession of the vehicle, the occurrence of the fire at the place and equipment alleged and the allegation as to the insurance policies, except that the Northern Assurance Company was not liable with the other defendants for the damages suffered by plaintiff. They denied Rodriguez Soto’s liability and the amount of the damages.
In other similar claims the Northern Assurance Company accepted the allegation that the establishment owned by Rodríguez Soto was covered by a public liability policy underwritten by said company.
After hearing the cases together with the other similar ones the trial judge concluded that (1) the parties stipulated that the damages suffered by Pillot amounted to $1,200 and those of Hernández Morales to $800, to which they would be entitled if their claims were granted; (2) a fire occurred in the garage owned by Rodríguez Soto the night of February 17, 1963; (3) ten days before the fire, at the request of Rodriguez Soto, Pepsi Cola placed in said garage a refreshment dispensing machine which could not be put to work because there was no device to connect it to the electric current for which reason a son of Rodríguez Soto stated to the agents of Pepsi Cola that his father would take charge of making the necessary installation; (4) Pépsi Cola does not have any employee or personnel to do such electric installations, its business being the delivery of the machine with full bottles and going to substitute the empty ones for full ones as required
“The most reliable evidence there is in the record does not actually reveal what was the origin of the fire. Certainly, it did not originate in the refreshment machine, since even after the fire the machine was working. The theory of Gregorio Rodriguez Soto, as it appears from the expert testimony furnished by his witness Arcadio Aponte, was to the effect that the fire originated in the installation which supplied electric energy to the refreshment machine. The evidence to this effect constitutes, however, a mere speculation and we do not give credit to the same.
“The court does not give credit, either, to the evidence contributed by Rodríguez Soto to the effect that said installation was verified by employees of the Pepsi Cola Bottling Co.
“Gregorio Rodríguez Soto himself testified that he did not inspect the electric installation even though the refreshment machine was placed, following his own instructions, in premises next to where Rodríguez Soto stored paints, thinner, and other inflammable material which he used in his garage.
“All the plaintiffs failed to establish which was the proximate, efficient cause which caused the damage.
“At the time of the fire neither the refreshment machine nor the installation that carried electric energy to the same were under the control of Pepsi Cola Bottling Co., but rather both were under the control of Gregorio Rodríguez Soto.”
It dismissed all the complaints, including the two that gave rise to this petition for review because: “Since plaintiffs have not established any act of guilt or negligence chargeable to the defendants we are constrained to conclude that they did not prove their case.” It acquitted Pepsi Cola from liability because it “acted as a good father of a family would have done. There is no indication that the fire would have originated in the refreshment machine.” Lastly it determined that “The res ipsa loquitur doctrine is not applicable to this case, and neither can Rodríguez Soto be charged with any presumption of guilt.”
The trial court based its decision in the case of P.R. & American Ins. Co. v. Durán Manzanal, 92 P.R.R. 279 (1965),
Appellants allege that the trial court erred (1) in not concluding that Rodríguez Soto “did not satisfy the burden of proof that he was diligent in the conservation and protection of .the vehicles”; (2) in the weighing of the evidence. We agree with them.
1-2 In the case before-us the evidence showed that the fire originated inside the establishment of the- depositary Rodríguez Soto, appellee herein. The watchman of the establishment testified that the fire was coming out from the refreshment machine and- “was spreading to where there is That’ of the paints” in the vicinity of the machine and that said material caught fire. It was conflicting as to who installed the refreshment dispensing machine inside his establishment. It arises from the evidence, that the fire did not originate in-the machine itself-for it was tested after the fire had occurred and it was working well. The court gave credit correctly according to our judgment, to the evidence that Pepsi .Cola did not put' the machine to work the day that it
The foregoing shows that the depositary did not refute the presumption • provided in § 1137 of the Civil Code, supra, that the losses in question occurred as a result of his fault. See, Rivera v. San Juan Racing Assoc., Inc., 90 P.R.R. 405,
By virtue thereof, the judgment rendered by the trial court should be reversed, and another rendered granting the complaints filed by appellants, ordering appellees to pay to Demetrio Pillot the sum of $1,200 plus $300 as attorney’s fees, and to Ricardo Hernández Morales the sum of $800 plus $200 as attorney’s fees, plus the costs incurred by both litigators.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.