Chapman v.

Underwood
G.R. No. 9010 Date: March 28, 1914 petitioners respondents summary
(wrong side of the street) Underwoods driver ran over Chapman but he is not liable because there was insufficient length of time between the wrong and the injury for his to have had the opportunity to correct his drivers act.

J.H. Chapman, plaintiff and appellant James M. Underwood, defendant and appellee

facts of the case Chapman was visiting his friend Creveling. He wants to board the San Marcelino car bound for Manila from Santa Ana, his friend told him that it was approaching. The car is closed, with the entrance at the front or rear platform. Unable to board at the front without extra exertion, he was facing the rear when he struck from behind by Underwoods car. Underwoods automobile, driven by his chauffeur, entered Calle Herran behind a street-car bound to Santa Ana from Manila. The street car turned to the left off the mainline. Their automobile just kept driving straight ahead without turning to the left. When the San Marcelino car was almost in front of Underwoods automobile, his chauffeur swerved to the right and hit Chapman. Issue/s W/N Underwood is liable for the negligence of his chauffeur. NO. Ratio Underwoods chauffeur is guilty of negligence for running over Chapman because he was passing an oncoming car from the wrong side. By the laws of the road, no car should be passing on Chapmans left side; only cars coming from his right are permitted to pass upon that side of the street car. However, Underwood is not responsible because the chauffeur is not on the list of persons whose acts he is responsible for (Article 1903, now Article 2180). Even though he was riding in the automobile during the time of the accident, the sudden act of negligence of his chauffeur left him no reasonable opportunity to prevent the act or its continuance. The act, to hold the automobile owner liable, must be continued for such length of time as to make his drivers acts his own by his acquiescence The length of time of taking the wrong side of the road and injuring Chapman was not sufficient for Underwood to have been able to correct the act of his driver.