Narciso Gutierrez v.

Bonifacio Gutierrez
GR No. 34840. September 23, 1931

Facts:
1. Petitioner was a passenger of an autobus en route from San Pablo, Laguna to
Manila.
2. Said bus was caught in collision with an automobile operated by Bonifacio
Gutierrez, a lad 18 years of age and was owned by Bonifacios father and
mother, Mr. and Ms. Manuel Gutierrez. The father was not in the car during
the collision.
3. Petitioner suffered a fractured right leg which required medical attendance.
4. Both parties conceded that the collision was caused by negligence pure and
simple but both blames each other.
5. Bonifacio was an incompetent chauffer, that he was driving at an excessive
rate of speed and that, on approaching the bridge and the truck, he lost his
head and so contributed by his negligence to the accident.
Issue:
Ruling:
1. The head of a house, the owner of an automobile, who maintains it for the
general use of his family, is liable for its negligent operation by one of his
children, whom he designates or permits to run it, where the car is occupied
and being used at the time of the injury for the pleasure of other members of
the owners family than that the child driving it.
2. Petitioner can claim damages in his favor against the defendants Manule
Gutierrez (father), Ableardo Velasco (bus driver), and Saturnino Cortez (bus
owner), jointly and severally, for the sum of P5,000.