LORETO LUCIANO DE SALAS vs. SAN MIGUEL BREWERY CAR (Page-1)

LORETO LUCIANO DE SALAS vs. SAN MIGUEL BREWERY CAR (2s) 1

RESOLVING: On appeal, Civil Case No. 645 of the Court of First Instance of
Pampanga, filed by Loreto Luciano against San Miguel Corporation for damages, with the
completed proceedings, the filing of the complaint on December 24, 1953, of the answer on
February 13, 1954, trials held on various dates beginning on August 23, 1954 and ending on
February 17> 1960, in which a decision was promulgated, declaring;

"WHEREFORE, in view of the foregoing, the Court hereby
dismisses the complaint without pronouncement as to costs. The
counterclaim in the defendant's answer is hereby likewise dismissed as no
evidence was introduced in support thereof.

"So ordered.

"San Fernando, Pampanga, November 2, 1961

(Sgd.) Arsenio Santos
Judge

which was elevated to this Court, since according to the plaintiff the Lower Court has
committed the errors which are indicated below:
IT RESULTING: That the principal question of fact which has been discussed is
how the plaintiff caught fragments of glass in her right eye on September 17, 1953, but
there is no serious dispute regarding some preliminary matters; in that year Loreto had a
sari-sari store in Barrio Sto. Nino, in San Fernando, Pampanga, where, she sold among
other things^ beverages of San Miguel Brewery ^ defendant corporation; in the previous June
and convinced by a distributor representative of San Miguel that the people preferred
refrigerated drinks, she bought from the defendant a junior cooler as it is called, and as
shown in a photograph marked as Exhibit E; since then, upon receiving the bottles of Coca-
Cola, Tru-Orange, and Pale Pilsen, which she used to buy from San Miguel, to be sold in
turn to the people, she used to place them first in the cooler; now then, on September 17,
1953, after 7 a.m., Loreto received the delivery of a case of beer, Pale Pilsen from the
defendant, and she then placed five or six of the bottles inside the cooler, at the bottom, near
a piece of ice, and some other bottles of Tru-Orange; and at 11 ;QO of the same morning*
having arrived after buying halo-halo, she opened the cooler to get a piece of ice because it
was needed to complement the halo-halo, but when she opened the lid, one of the bottles of
Pale Pilsen exploded, and some fragments from it lodged in her right eye, her daughter, Fe,
tried to wipe the eye because she saw that it was bleeding; after some time, to remove the
fragments, she went to a watch maker and the latter removed them with a tweezer but there
Was no improvement, and she had to undergo medical treatment at the Hospital of the
University of Santo Tomas, where Dr. Jesus Eusebio attended to her for 17 days; it must
also be mentioned that the husband of Loreto reported the accident almost immediately after