Sunday, December 7, 2008

Bernardo vs. Legaspi

Bernardo vs. Legaspi
Facts: Plaintiff brought an action for damages arising from a collission of plaintiff's automobile and that of the defendant. Defendant filed a cross-complaint against the plaintiff claiming that the collission was due to plaintiff's negligence. The trial court found both drivers negligence.

Issue: WON the plaintiff is negligent in handling his automobile.

Ruling: Complaint Dismissed.

Ratio: Where two automobiles, going in opposite directions collide on turning a street corner, and it appears from the evidence and is found by the trial court that the drivers thereof were equally negligent and contributed equally to the principal occurrence as determining causes thereof, neither can recover of the other for the damages suffered.

*Dre

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