US vs.

Clemente (LARGO: Factors to be considered)

Facts: Enrique Clemente, a motorman of Street car no.111, ran over a 3 year old child who was
passing across Dakota Street. The body of the child was dragged over 36 meters; his body and
skull were crushed and he was instantly killed. The trial court found Clemente to be guilty of a
violation of a regulation through imprudence and negligence resulting in the death of the child;
sentenced to 5 months arresto mayor and to pay costs of action.
From LARGO:
It is the duty of any person driving vehicle (especially a street car), in public
thoroughfares to reduce the same to control ready to be stopped at any moment if he sees
a child below the age of understanding in such a place as can place itself in a dangerous
position with respect to the vehicle.
Vehicle must be under such control that, if the child, by some sudden or unusual
movement, places itself in the way of the vehicle, it can be stopped in time to avert
injury.
Preponderance of evidence against defendant shows he took no adequate precaution to prevent
accident which occurred. He saw the child yet continued at the same speed without regard to
what the child may do. Vehicles cannot be driven in public streets in such a way as to endanger
the life of a child below the thinking age who may have strayed upon the streets in search of its
mother, or who may be there for any other reason.
Case also discussed 3 kinds of negligence in connection with homicide or other crimes:
1. Reckless negligence: every act of improvidence (lack of foresight), thoughtlessness,
carelessness, negligence, unskillfulness and imprudence, executed or done without taking
those precautions or measures which most common prudence would require.
2. Negligence with violation of rules(less than reckless negligence): Simple imprudence
with infraction of the rules relating to prisons
3. Simple imprudence or negligence: not reckless as it is impossible to foresee evil
produced; not in violation of rules as no rules are violated.
Punishable as misdemeanor
(Accused was convicted of the crime of homicide committed through reckless negligence;
sentenced to 1 year and 1 day of prision correctional with accessories)