Márquez v. Puerto Rico Telephone Co.

88 P.R. 416
CourtSupreme Court of Puerto Rico
DecidedMay 20, 1963
DocketNo. 92
StatusPublished

This text of 88 P.R. 416 (Márquez v. Puerto Rico Telephone Co.) 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
Márquez v. Puerto Rico Telephone Co., 88 P.R. 416 (prsupreme 1963).

Opinion

Mr. Justice Santana Becerra

delivered the opinion of the Court.

[418]*418Plaintiffs claimed damages from Puerto Rico Telephone Co. as a result of an automobile accident which occurred in the evening of May 25, 1957 at Km. 79, Hm. 7, highway No. 3, while the vehicle was traveling from Humacao to Playa de Humacao. It was alleged in the complaint that at that place the driver suddenly came in contact with a tension wire lying across the road where the vehicle became entangled, he lost control and the automobile plunged down a cliff with its occupants. It was also alleged that when the accident occurred defendant had exclusive ownership and control of the tension wire and of the pole which were lying at that place, and that the pole was decayed and broken near the base.

The case having been heard on the merits, the San Juan Part of the Superior Court rendered opinion and judgment dismissing the complaint. The trial court made the following statement of facts:

“1. On May 25, 1957, late in the evening, plaintiff Pascual Márquez was driving his Chevrolet automobile along the road from Humacao to Humacao Playa. As he reached a certain place in the road in a bend or curve, the driver ran into a wire which was lying across the road. Thereupon he attempted .to swerve to the left, but the wire became entangled in the vehicle in such a way that the driver lost control, the vehicle swerved to the right and plunged down a cliff with the consequences described hereinbelow.
U
[Conclusions follow on damages suffered by occupants.]
“4. The wire referred to in paragraph 1 supra is a tension wire which supported a pole on the right-hand side of the road, in the direction of Humacao-Humacao Playa, another pole was on the other side of the road which was used to support telephone wires or lines under the control of defendant Porto Rico Telephone Company. After the occurrence of the accident the supporting pole or anchor of the tension wire on the right-hand side of the road was broken at the lower end so that the upper end, holding the tension wire, was lying on the edge of the [419]*419road. The supporting pole was quite new, was creosoted and in good condition.
“5. The evidence fails to show the cause of the breaking of the supporting pole of the wire, or the time when such breaking occurred. The evidence does show that between half past nine and ten o’clock in the evening of the accident the road was clear and that the tension wire did not obstruct the road. The accident occurred before eleven o’clock in the evening. There is nothing in the evidence to show that any defective condition of the poles or of the tension wire, necessarily occurring after half past nine or ten o’clock in the evening, was reported to or known by defendant at all.”

On the basis of these facts the court made the following conclusions of law:

“1. The evidence, as summed up, fails to show any specific negligence on the part of defendant Porto Kico Telephone Company. The fact alone of the breaking of the supporting pole of the tension wire and consequent fall on the road is not evidence of defendant’s negligence in the absence of proof of (a) defective condition of the telephone lines in the locality, specifically, of the supporting pole and/or tension wire; (b) lack of due inspection of the telephone lines; and (c) defendant’s knowledge of the breaking of the pole and fall of the tension wire the night of the accident sufficiently in advance to remedy the situation.
“2. On the other hand, the evidence in the case does not lead to an inference of negligence on the part of defendant under the res ipsa loquitur rule. [Citations.]
“3. The evidence having failed to show, either directly or by reasonable inference, negligence on the part of defendant as cause of the accident described and consequential damages to plaintiffs, the action should be dismissed in its entirety.”

There was evidence of both parties on the condition of the fallen pole. Police Sergeant Emilio Moryet, who conducted an immediate investigation at the scene of the occurrence, testified upon questioning by plaintiffs:

“Q. Could you inform the court whether you examined the fallen portion and the standing portion?
A. Yes, I examined it.
[420]*420Q. Tell the judge whether you noticed, in connection with the texture of the wood, anything which attracted your attention.
A. It did not look very decayed nor in very good condition.
Q. When you say not very decayed, what do you mean to say?
A. That the condition was fair as compared with the condition of the weather.
Q. Did you examine the wood closely?
A. Yes, sir.
Q. Do you know what rotten wood is ?
A. Yes, sir.
Q. On that point, will you describe the pole according to the examination which you made.
Hon. Judge:
He just testified that it was decayed.
Witness:
It was not in an advanced state of decay, but it was slightly decayed.
Attorney Rúa:
Objection.
Hon. Judge:
That is a question which a person may say whether or not it was decayed or looked old; no expert is necessary to say so. You may testify.
Attorney Bauzá:
Q. Did you inspect the vehicle?
A. Yes, sir.
99

Upon questioning by defendant:

“Q. Is the base of the pole Exh. 6(c) and 6(d) ?
A. Yes, sir.
Q. Did you examine it that night with the flashlight and take a look at it, as you said yesterday afternoon— you may change it if you wish — neither too decayed nor too good ?
A. The part on the surface.
[421]*421Q. What part, showing you exhibit 6(d), point out the part to which you refer.
A. On the circumference around .the pole I found a decayed part, but the inside wood was in pretty good condition.
Q. What color was the decayed part?
A. It was blackish.
Q. Was it blackish on the outside?
A. Between the surface and the inside there was a .part which looked blackish.
Q. If .this pencil were the pole, did it look blackish and rotten on the outside?
A. To a certain depth of the .pole in .the center, like a peg with a certain diameter it was all right.
Q.

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Bluebook (online)
88 P.R. 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marquez-v-puerto-rico-telephone-co-prsupreme-1963.