Augusto Lopez v. Juan Duruelo

Summary

This 1928 Supreme Court case involved a personal injury claim arising from a motor boat accident. Plaintiff Lopez sought damages after being injured when the motor boat Jison, allegedly operated negligently by defendants, collided with a steamer's propeller. The trial court dismissed the case on demurrer, ruling that plaintiff failed to make the required maritime protest under the Code of Commerce. The Supreme Court reversed, holding that small boats engaged in local passenger transport are not subject to maritime protest requirements, which apply only to sea-going merchant vessels. The Court found the complaint stated a valid tort claim under the Civil Code and emphasized that demurrers should not be sustained when a reasonable interpretation supports a cause of action. This decision clarified the scope of maritime law versus civil tort law for different types of watercraft.