Amando Mirasol vs.
Roberto Dollar No claim that Mirasol signed the bill of lading or that he knew of
G.R. No. L-29721/March 27, 1929
FACTS:
1. Consignee: Mirasol
Shipping Company: Dollars steamship President Garfield
Shipment: two cases of books shipped in good order and
condition at New York, U.S.A to the City of Manila. All freight
charges paid.
2. 8/1/27: two cases arrived in Manila in bad order and damaged
condition resulting in the total loss of one case and a partial loss
of the other. That the loss in one case is P1,630, and the other
P700
3. DOLLAR: refused liability; The ff are his contentions:
a. the loss was caused by sea water and Mirasol never
entered into any contract with him limiting his liability as a
common carrier.
b. The vessel in all respects is seaworthy and properly
manned, equipped and supplied, and fit for the voyage. If
there were damages, it was caused from faults or errors
in navigation or in the management of said vessel.
c. In the bill of lading, it was agreed in writing that Dollar
should not be held liable for any loss of, or damage to,
any of said merchandise resulting from any of the
following causes, to wit: Acts of God, perils of the sea or
other waters," and that plaintiff's damage, if any, was
caused by "Acts of God" or "perils of the sea."
d. Clause 13 of the bill of lading: Dollar shall not be held
liable "for or in respect to said merchandise or property
beyond the sum of two hundred and fifty dollars for any
piece, package or any article not enclosed in a package,
unless a higher value is stated herein and ad valorem
freight paid or assessed thereon,"
4. RTC: Ruled for Mirasol, but he appealed because the award of
damages is lower compared to what he prayed for. 400 instead
of 700
ISSUE: WN Dollar is liable? YES!
HELD:
his contents at the time that it was issued. Hence, he was not
legally bound by the clause which purports to limit defendant's
liability.
In the case of The Kengsington cited by the court: (Pertaining to
the tickets issued and accepted in a foreign country)
o Restrictions of the liability of a steamship company for its
own negligence or failure of duty toward the passenger is
against the public policy.
o The stipulation in a steamship passenger's ticket which
compels him to value his baggage, at a certain sum, far
less than it is worth, or, in order to have a higher value
put upon it by which the carrier would be exempted from
all the liability is unreasonable and in conflict with public
policy.
o An arbitrary limitation of 250 francs for the baggage of
any steamship passenger unaccompanied by any right to
increase the amount of adequate and reasonable
proportional payment is void as against public policy.
In this case, Dollar has a legal duty to deliver them to the plaintiff
in the same (good) condition in which it received them.
The boxes were under the control and supervision the steamship
and beyond the control of the Mirasol. Dollar made an admission
that the boxes were damaged while in transit and in its
possession. (BURDEN OF PROOF IS SHIFTED UPON HIM)
He must prove that the damage was caused by reason of some
fact which exempted it from liability.
Dollar has not even attempted to prove that the two cases were
wet with sea water by fictitious event, force majeure or nature
and defect of the things themselves.
The fact that the cases were damaged by "sea water," standing
alone is not evidence that they were damaged by force majeure
or for a cause beyond the defendant's control
As to the damages: 400 is awarded with legal interest
Dissenting Opinion of STREET: Dollar is liable but its liability is limited
under clause 13 printed on the back of the bill of lading to the amount of
250 dollars for each of the two boxes of books comprising this
consignment. While the law does not permit a carrier gratuitously to
exempt itself from liability for the negligence of its servants, it cannot
effectually do so for a valuable consideration; and where freight rates
are adjusted upon the basis of a reasonable limited value per package,
where a higher value is not declared by the shipper, the limitation as to
the value is binding.