CUISON V.

NORTON & HARRISON Co, 55 PHIL 18 (1930)

FACTS:
In August 1928, Moises Cuison (7 years old) was on his way to Santa Mesa School with
his sister. As they came near the fire station, some large pieces of lumber fell from a
truck, pinning the boy beneath thereby causing his death.
The truck, owned by Ora, was driven at the time by Jose with 2 minors, Binoya and
Bautista as helpers. Binoya and Bautista were employees of Ora
Said truck was rented by Ora to defendant Norton & Harrison, a lumber company. And
Ora worked for the defendant as foreman (capataz). As foreman, it was his duty to
direct the loading and transporation of the lumber.
Prior to the accident, some of the lumber had loosened in the truck and as such, the
truck stopped so the cargo could be rearranged (However, the incident occurred before
the lumber could be rearranged

ISSUE: WON Norton & Harrison is liable as employer

HELD: Yes. Although the lower court did not determine the nature of relationship
between Ora and Norton it can be inferred from the testimonies given that Ora, as
owner of the truck, is a contractor of Norton. And at the same time, he is also an
employee of Norton because he also acts as a foreman (capataz) of the company. As
such, Norton is liable as an employer because of Oras negligence in directing his men
in securing the lumber. The pertinent provisions provide:
Norton failed to prove that it had exercised diligence in the selection of their employees.
The basis of civil liability here is not not respondeat superior but the relationship
of pater familias. This theory bases the liability of the master ultimately on his
own negligence and not on that of his servant.