TEAGUE VS. FERNANDEZ

TEAGUE VS. FERNANDEZ

FACTS: The Realistic Institute, admittedly owned and operated by defendant-appellee Mercedes M. Teague was a vocational school for hair and beauty culture situated on the second floor of the Gil-Armi Building. At about four o'clock in the afternoon of October 24, 1955, a fire broke out in a store for surplus materials located about ten meters away from the institute. Soler Street lay between that store and the institute. Upon seeing the fire, some of the students in the Realistic Institute shouted 'Fire! Fire!' and thereafter, a panic ensued. Indeed, no part of the Gil-Armi Building caught fire. But, after the panic was over, four students, including Lourdes Fernandez, a sister of plaintiffs-appellants, were found dead and several others injured on account of the stampede. The deceased's five brothers and sisters filed an action for damages against Mercedes M. Teague as owner and operator of Realistic Institute. The Court of First Instance of Manila found for the defendant and dismissed the case. CA reversed.

ISSUE: W/N petitioner is liable.

RULING: Decision affirmed.

RATIO: Petitioner was negligent and that such negligence was the proximate cause of the death of Lourdes Fernandez. This finding of negligence is based primarily on the fact that the provision of Section 491 Of the Revised Ordinances of the City of Manila had not been complied with in connection with the construction and use of the Gil-Armi building where the petitioner's vocational school was housed. The mere fact of violation of a statute is not sufficient basis for an inference that such violation was the proximate cause of the injury complained. However, if the very injury has happened which was intended to be prevented by the statute, it has been held that violation of the statute will be deemed to be proximate cause of the injury.

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