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Smith Bell And Company (Philippines), Inc., Et Al. Vs. Court Of Appeals, Et Al.

SMITH BELL AND COMPANY (PHILIPPINES), INC. and TOKYO MARINE AND FIRE INSURANCE CO., INC., petitioners, vs. THE COURT OF APPEALS and CARLOS A. GO THONG AND CO., respondents. Bito, Misa & Lozada for petitioners. Rodriguez, Relova & Associates for private respondent.

G.R. No. 56294 | 1991-05-20

D E C I S I O N


FELICIANO, J.:

In the early morning of 3 May 1970 at exactly 0350 hours, on the approaches to the port of Manila near Caballo Island, a collision took place between the M/V "Don Carlos," an inter-island vessel owned and operated by private respondent Carlos A. Go Thong and Company ("Go Thong"), and the M/S "Yotai Maru," a merchant vessel of Japanese registry. The "Don Carlos" was then sailing south bound leaving the port of Manila for Cebu, while the "Yotai Maru" was approaching the port of Manila, coming in from Kobe, Japan.

The bow of the "Don Carlos" rammed the portside (left side) of the "Yotai Maru" inflicting a...