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Spouses Bernabe Africa vs. Caltex (Phil.) Inc.

THE SPOUSES BERNABE AFRICA and SOLEDAD C. AFRICA and the HEIRS OF DOMINGA ONG, petitioners-appellants, vs. CALTEX (PHIL.) INC., MATEO BOQUIREN and THE COURT OF APPEALS, respondents-appellees.

G.R. No. L-12986 | 1966-03-31

D E C I S I O N


MAKALINTAL, J.:

This case is before us on a petition for review of the decision of the Court of Appeals, which affirmed that of the Court of First Instance of Manila dismissing petitioners' second amended complaint against respondents.

The action is for damages under Articles 1902 and 1903 of the old Civil Code. It appears that in the afternoon of March 18, 1948 a fire broke out at the Caltex service station at the corner of Antipolo street and Rizal Avenue, Manila. It started while gasoline was being hosed from a tank truck into the underground storage, right at the opening of the receiving tank where the nozzle of the hose...