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    Bernardo Vs Legaspi

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    Sam Fajardo
    The court dismissed both the plaintiff and defendant's claims for damages arising from a car collision. The trial court found that both drivers were negligent in handling their vehicles and that their negligence equally contributed to the accident. As the evidence supported the trial court's decision that both parties' carelessness led to the determining cause of the accident, the appeals court affirmed the judgment that neither party could recover damages.

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    Bernardo Vs Legaspi

    Uploaded by

    Sam Fajardo
    30 views1 page
    The court dismissed both the plaintiff and defendant's claims for damages arising from a car collision. The trial court found that both drivers were negligent in handling their vehicles and that their negligence equally contributed to the accident. As the evidence supported the trial court's decision that both parties' carelessness led to the determining cause of the accident, the appeals court affirmed the judgment that neither party could recover damages.

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    charge of negligebce; defense

    Original Title

    Bernardo vs Legaspi

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    The court dismissed both the plaintiff and defendant's claims for damages arising from a car collision. The trial court found that both drivers were negligent in handling their vehicles and that their negligence equally contributed to the accident. As the evidence supported the trial court's decision that both parties' carelessness led to the determining cause of the accident, the appeals court affirmed the judgment that neither party could recover damages.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    30 views1 page

    Bernardo Vs Legaspi

    Uploaded by

    Sam Fajardo
    The court dismissed both the plaintiff and defendant's claims for damages arising from a car collision. The trial court found that both drivers were negligent in handling their vehicles and that their negligence equally contributed to the accident. As the evidence supported the trial court's decision that both parties' carelessness led to the determining cause of the accident, the appeals court affirmed the judgment that neither party could recover damages.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    G.R. No.

    L-9308 December 23, 1914


    JUAN BERNARDO, plaintiff-appellant,
    vs.
    M. B. LEGASPI, defendant-appellee.
    Roman de Jesus for appellant.
    No appearance for appellee.

    MORELAND, J.:
    This is an appeal from a judgment of the Court of First Instance of the city 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 the 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.1awphil.net
    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.

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