SECOND DIVISION
[G.R. No. 36844. February 17, 1933. ]
ALEJANDRIA SUÑGA, Plaintiff-Appellant, v. THE CITY OF MANILA, Defendant-Appellee.
J. Serrano Espiritu for Appellant.
City Fiscal Felix for Appellee.
SYLLABUS
1. WORKMEN’S COMPENSATION ACT; INDEMNITY FOR A LABORER’S DEATH; INCOMPETENT EVIDENCE. — The lower court correctly weighed the evidence in holding that the appellant has not satisfactorily proved that the accident occurred during the employment of the deceased laborer, or that the wound he received on his right foot was caused during the performance of his duties in the service of the appellee and by a blow he received from the iron pitch-fork the night in question. The court cannot dispel from its mind the reasonable possibility that the deceased might have received the would outside the performance of his duties and in a place other than that mentioned by the widow and her sister.
D E C I S I O N
IMPERIAL, J.:
This is an appeal taken by the plaintiff, Alejandria Suñga, from the judgment rendered by the Court of First Instance of Manila, absolving the defendant City of Manila from the complaint filed by the said plaintiff to recover an indemnity at P7.20 a week for a period of 208 weeks from September 17, 1930, for the death of her husband Narciso Yalun.
Yalun was a laborer employed in the sanitation section, Department of Engineering and Public Works, City of Manila, at a salary of P50 a month. He was married to the plaintiff with whom he had four minor children. He used to work from 6 o’clock in the evening until dawn the following day. On the night of September 2 or 3, 1930, Yalun went to the Chinese cemetery at La Loma, Manila, to deposit the contents of the defendant’s dump-car, which contents were then being used for filling purposes. According to the story of the appellant and her sister, when Yalun tilted the dump-car to unload the garbage and tried to scatter it on the ground, he wounded his right foot with the iron pitch-fork he was using for that purpose.
Yalun bandaged his wound, went home and continued to work that day for a week. On the 9th, he went with his family to his home-town, Macabebe, to attend the townfiesta, notwithstanding the pains he then felt in his back. He continued to feel worse and about the 13th of the same month he returned with his family to Manila. On the 15th, he entered the San Lazaro Hospital where he died on the 17th, of tetanus as a complication or consequence of the wound he received on his foot.
The appellant’s attorney assigned in his typewritten brief but one error, as follows:jgc:chanrobles.com.ph
"The lower court erred in not holding that the evidence of the appellant with regard to the injury, being part of the res gest
Yalun was a laborer employed in the sanitation section, Department of Engineering and Public Works, City of Manila, at a salary of P50 a month. He was married to the plaintiff with whom he had four minor children. He used to work from 6 o’clock in the evening until dawn the following day. On the night of September 2 or 3, 1930, Yalun went to the Chinese cemetery at La Loma, Manila, to deposit the contents of the defendant’s dump-car, which contents were then being used for filling purposes. According to the story of the appellant and her sister, when Yalun tilted the dump-car to unload the garbage and tried to scatter it on the ground, he wounded his right foot with the iron pitch-fork he was using for that purpose.
Yalun bandaged his wound, went home and continued to work that day for a week. On the 9th, he went with his family to his home-town, Macabebe, to attend the townfiesta, notwithstanding the pains he then felt in his back. He continued to feel worse and about the 13th of the same month he returned with his family to Manila. On the 15th, he entered the San Lazaro Hospital where he died on the 17th, of tetanus as a complication or consequence of the wound he received on his foot.
The appellant’s attorney assigned in his typewritten brief but one error, as follows:jgc:chanrobles.com.ph
"The lower court erred in not holding that the evidence of the appellant with regard to the injury, being part of the res gest
