García Rivera v. Superior Court

86 P.R. 781
CourtSupreme Court of Puerto Rico
DecidedDecember 19, 1962
DocketNo. 69
StatusPublished

This text of 86 P.R. 781 (García Rivera v. Superior Court) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
García Rivera v. Superior Court, 86 P.R. 781 (prsupreme 1962).

Opinion

Mr. Justice Hernández Matos

delivered the opinion of the Court.

Jesús García Rivera, a farmer engaged in the growing of sweet sugar canes, owner of a farm in the municipality of Vega Baja, filed an action in the District Court, Cíales Part, against his bordering neighbor Juan Delgado Peraza, to recover from the latter the sum of $2,500, by way of damages to his cane plantation and fruit trees caused by a fire that took place on March 26, 1955, which started in Delgado Peraza’s farm and which was allowed to extend over complainant’s farm. Defendant answered the complaint denying all the allegations.

After numerous incidents, including ■ the notification and answer to the interrogatories and the holding- of a pretrial conference, the trial was held which lasted several days. From the original lengthy record which was introduced it appears that it began on November 14, 1956 arid'ended on March 20-, 1958. The abundant variety of briefs, writs and motions introduced by both parties’ attorneys are indisputable signs of the great interest displayed by them and . of the substantial and careful presentation, and defense of their respective theses before the District Judge, Cíales Part, 'who decided the suit in favor of plaintiff by judgment of July 18, 1958, imposing on defendant the payment of $2,272.86', costs and $200 for attorney’s fees...

The District Court made the following findings of fact:

“Findings op Fact:

“1. Plaintiff and defendant own adjoining farms'and at the time of the occurrences these farms had sugar cane plantations, which also adjoined;
“2. In the morning of March 26, 1955, plaintiff had, next to defendant’s cane farm, a plantation of nine cuerdas of uncut [783]*783cane and, also, 31 cuerdas which had been cut in the previous month of February. He also had fruit trees, coconut palms, a wire fence, and a plot planted with coffee.
“3. That morning, defendant, with several laborers at his command, was giving orders in his farm adjoining plaintiff’s, and allowed his employee Virgilio Vélez, who had a lighted torch in his hands, to set fire to defendant’s own cane; this fire lasted until 10:00 or 11:00 in the morning when it reached plaintiff’s cane plantation; it spread over the 9 cuerdas of standing cane and over 31 cuerdas which had already been cut; it swept over plaintiff’s farm, burning 40 orange trees, 15 avocado trees, 15 grapefruit trees, 12 coconut palms, % cuerda of coffee and the wire along 6 cuerdas of fence.
“According to the evidence we estimated the value of the damaged property as follows:
“The 40 orange trees $200. 00
“The 15 avocado trees 15. 00
“The 15 grapefruit trees 75. 00
“The 12 coconut palms 96. 00
“The coffee plot 50. 00
“The 6 cuerdas of wire 60. 00
A total of $496. 00
“4. Plaintiff’s nine cuerdas of cane should have produced him 35 tons of cane per cuerda, that is 315 tons; from that tonnage he could only salvage 164 tons which produced him $10.29 per ton of cane. Therefore he could not receive 151 tons which at the rate of $10.29 per ton make a total of $1,553.73; however, since this cane could not be taken to the Central we think it is just and fair to grant him 50 per cent of that sum as compensation, that is $776.86.
“An extra crop in addition to the regular one for the forty cuerdas of cane was made necessary by the fire, which, extra crop we estimate at $25 per cuerda, that is $1,000 as losses.”

From the judgment defendant appealed to the Superior Court, Arecibo Part, assigning as errors: (1,2) admitting the statements of Francisco Méndez and Bienvenido Agosto; (3) failing to consider evidence offered by defendant; .(4) [784]*784giving credit to plaintiff’s evidence and (5) rendering judgment unsupported by the evidence.

After the case was submitted to the Superior Court on the extensive Statement of the Case prepared by the District Judge — consisting of 25 pages — and the numerous amendments to same proposed by defendant and which were partly accepted by the former, and on the elaborate briefs of both parties, the Superior Court, Arecibo Part, on December 23, 1959 affirmed the judgment appealed from, considering that no error whatsoever had been committed, separately setting forth the grounds of fact and of law, which led him to “dismiss the appeal, remaining in force and effect the judgment-appealed from.”

Defendant moved for reconsideration, insisting in the commission of the errors previously assigned in his brief and substantially repeating his previous argument. Plaintiff opposed the reconsideration of the judgment.

On November 11, 1960, considering that errors Nos. 1, 3, 4 and 5, had been committed — contrary to the decisions in its judgment of December 23, 1959 — the Superior Court rendered a new judgment; “reversing itself and reversing the judgment rendered by the Ciales Part of the District Court,” dismissing the complaint and imposing on plaintiff, besides costs, the payment of $300 for attorney’s fees.

To review this second judgment we issued, at plaintiff’s request, the corresponding writ of certiorari. The interested parties submitted the case on their briefs, respectively.

Petitioner contends that the Superior Court, Arecibo Part, a) erred in declaring the testimony of witness Francisco Méndez inadmissible, and b) in wholly dismissing the complaint respecting all the losses suffered by plaintiff.

The Superior Court, decided in its second judgment that the District Court had committed grave error in considering Francisco Méndez’s testimony as evidence of the damages, because it was inadmissible due to the fact that he testified [785]*785“on the basis of information taken from several records of the Central Plazuela respecting tonnage and yield,” which were not brought to trial, thereby violating § 24 of the Law of Evidence on the evidence of the content of a writing and the right to cross-question the other party.

We have read the detailed recital of the testimony of the witness made by the District Court, Ciales Part, in its Statement of the Case. The same constitutes material and pertinent evidence to prove the existence of the damages really suffered by plaintiff due to the fire which defendant himself, for his own benefit, ordered to be set in his farm in order to cut the cane, and which was later permitted to extend to the plantations of cane and fruit trees of the adjacent rural property of plaintiff.

At the time that he testified, Francisco Méndez was an agricultural engineer, with an experience of more than twenty years; his capacity as such was accepted by defendant’s lawyer — see the original record, p. 48 — since from 1926, that is, during 30 years he had been field superintendent, administrator, and superintendent of colonos of the Camba-lache and Plazuela sugar mills.

Free access — add to your briefcase to read the full text and ask questions with AI

Cite This Page — Counsel Stack

Bluebook (online)
86 P.R. 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-rivera-v-superior-court-prsupreme-1962.