G.R. No. 9308. December 23, 1914
JUAN BERNARDO, PLAINTIFF AND APPELLANT, VS. M. B. LEGASPI, DEFENDANT AND APPELLEE.
MORELAND, J.:
of Manila dismissing the complaint on the merits filed in an action to recover
damages for injuries sustained by plaintiff’s automobile by reason of
defendant’s negligence in causing a collision between his automobile and that of
plaintiff. The court in its judgment also dismissed a cross-complaint filed by
the defendant, praying for damages against the plaintiff on the ground that the
injuries sustained by defendant’s automobile in the collision referred to, as
well as those to plaintiff’s machine, were caused by the negligence of the
plaintiff in handling his automobile.
The court found upon the evidence that both the plaintiff and the defendant
were negligent in handling their automobiles and that said negligence was of
such a character and extent on the part of both as to prevent either from
recovering.
Upon the facts, as they appear of record, the judgment must be affirmed, as
the evidence clearly supports the decision of the trial court. The law
applicable to the facts also requires an affirmance of the judgment appealed
from. Where the plaintiff in a negligence action, by his own carelessness
contributes to the principal occurrence, that is, to the accident, as one of the
determining causes thereof, he cannot recover. This is equally true of the
defendant; and as both of them, by their negligent acts, contributed to the
determining cause of the accident, neither can recover.
The judgment appealed from is affirmed, with costs against the appellant.
Arellano, C. J., Torres, Johnson, Carson, Trent, and Araullo,
JJ., concur.