[ G.R. No. 22630. January 31, 1925 ] 47 Phil. 365
[ G.R. No. 22630. January 31, 1925 ]
GORGONIO DE SARASOLA, PLAINTIFF AND APPELLEE, VS. YU BIAO SONTUA, DEFENDANT AND APPELLANT. D E C I S I O N
OPINION ON DEFENDANT’S MOTION TO RECONSIDER
December 20, 1924, this court rendered an opinion[1] affirming the judgment of the lower court in favor of the plaintiff against the defendant for P27,106.89, with legal interest from the date of the filing of the complaint. In that opinion all of the members of this court concurred, except Justice Avanceña, who took no part in the consideration of the case.
It was said in the opinion that “Admittedly, it is a close case. * * * Acknowledging1 once again the closeness of the case, and the possibility of error, we have finally concluded, following painstaking consideration of the evidence, that we would not be justified in disturbing the findings of fact as made in the lower court. In its final analysis, the whole case comes down to this: That as far as can be judicially determined, the collision between the two vessels was caused by an improper maneuver by the captain of the Y. Sontua. The result, therefore, must be to hold the owner of the Y. Sontua responsible to the owner of the Mercedes for the damage caused to the Mercedes by the collision.”
After the decision was rendered the attorneys for the defendant filed a motion for a reconsideration in which they vigorously contend that, assuming, without conceding, that the collision “was caused by an improper maneuver by the captain of the Y. Sontua, the plaintiff was guilty of contributory negligence, and for such reason, he ought not to recover.”