Astudillo vs. Manila Electric Co.

Teodora Astudillo vs. Manila Electric Co.
G.R. No. L-33380. 17 December 1930.

Malcolm, J.:

Facts: In August, 1928, a young man by the name of Juan Astudillo met his death through electrocution, when he placed his right hand on a wire connected with an electric light pole situated near Sta Lucia Gate, Intramuros, in the City of Manila. Shortly thereafter, the mother of the deceased instituted an action in the CFI Mla to secure from the defendant, Manila Electric Company, damages. After trial, judgment was rendered in favor of the plaintiff.

Issue: WON defendant did not exercise due care and diligence so as to render it liable for damages.

Ruling: The SC concludes that the plaintiff is entitled to damages.
It is well established that the liability of electric light companies for damages for personal injuries is governed by the rules of negligence. Such companies are, however, not insurers of the safety of the public. But considering that electricity is an agency, subtle and deadly, the measure of care required of electric companies must be commensurate with or proportionate to the danger. The duty of exercising this high degree of diligence and care extends to every place where persons have a right to be.
In the case at ber, the cause of the injury was one which could have been foreseen and guarded against. The negligence came from the act of the defendant in so placing its pole and wires as to be w/n proximity to a place frequented by many people, with the possibility ever present of one of them losing his life by coming in contact with a highly charged and defectively insulated wire.

*Dani'q