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LUZON STEVEDORING
CORPORATION, defendant-applellant [1967]
Aug. 17, 1960: barge L-1892 owned by Luzon Stevedoring Corp. (LSC) was being
towed down the Pasig River by said corporation’s tugboats, Bangus & Barbero. Barge
hit one of the wooden piles of the Nagtahan bailey bridge, smashing the posts &
causing the bridge to list/tilt. The river was swollen & had swift current then due to
the heavy downpour in Manila & surrounding provinces the previous days.
RP sued LSC for actual & consequential damages caused by its employees amounting
to P200k.
LSC denied liability claiming that:
1. it exercised due diligence in selecting its supervisors & employees
2. the damages were caused by force majeure
3. RP has no capacity to sue
4. the Nagtahan Bailey Bridge is an obstruction to navigation.
CFI: LSC liable for damages caused by employees & ordered to pay actual cost of
repair amounting to P192,561.72 w/legal interest from date of filing complaint.
On appeal to the SC, LSC raised some questions of fact w/c of course the SC can’t
decide since it’s limited to questions of law.