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GR L-35283
Juan del Rosario v. Manila Electric Company
Street, J.
SUMMARY
A wire used by Manila Electric Company for the transmission of electricity burned, parted and
subsequently fell to the ground. The said nuisance was reported by the streets timekeeper Jose
Soco to the company, however, the linemen were slow in responding to the said problem. As a result
of their apparent negligence, Alberto del Rosario died due to a shock after touching it out of curiosity.
The Supreme Court ruled that Meralco was not able to overcome the presumption of negligence and
is therefore liable for damages.
DOCTRINE
There is a presumption of negligence on the part of the company (or private entity) who owns
the property causing the nuisance.
Article 695. Nuisance is either public or private. A public nuisance affects a community or
neighborhood or any considerable number of persons although the extent of the annoyance, danger
or damage upon individuals may be unequal. A private nuisance is one that is not included in the
foregoing definition.
Article 705. The remedies against a private nuisance are:
(1) A civil action; or
(2) Abatement, without judicial proceedings.
IMPORTANT PEOPLE
Julian del Rosario
Alberto del Rosario
Jose Noguera
Jose Soco
FACTS
1. The accident happened on Dimas-Alang Street, in Caloocan, Rizal.
a. August 4, 1930, 2:00 P.M.
b. Part of the wire had been burned off for some distance from the point where the wire
parted
i. Ordinary number 6 triple braid weather proof wire
1
DISPOSITIVE PORTION
The judgment appealed from is therefore reversed and the plaintiff will recover of the defendant the
sum of P1,250, with costs of both instances. So ordered.
OTHER NOTES
WON there was contributory negligence from Alberto. - NO.
The Court also held that contributory negligence cannot be imputed to Alberto because he was a
minor and had a natural curiosity of a child. It is of no moment that Alberto did not heed the warning of
Jose.
Digested by Kim.