ACTS, NOT DESTRUCTIVE AND WHICH RIPENED INTO CUSTOM, CANNOT BE HELD TO BE
THEMSELVES UNREASONABLE OR IMPRUDENT
Acts, the performance of which has not proved destructive or injurious and which have, therefore,
been acquiesced in by society for so long a time that they have ripened into custom, cannot be held to
be themselves unreasonable or imprudent. The very reason why they have been permitted by society
is that they are beneficial rather than prejudicial. (
Martinez v. Van Buskirk
, G.R. No. L-5691,
December 27, 1910
)
x—————x
ACTS, NOT DESTRUCTIVE AND WHICH RIPENED INTO CUSTOM, CANNOT BE HELD TO BE
THEMSELVES UNREASONABLE OR IMPRUDENT
Martinez v. Van Buskirk
G.R. No. L-5691, December 27, 1910
Moreland,
J
.
FACTS
:
This is an appeal from the judgment of the court below finding the defendant guilty of negligence.
The plaintiff, Carmen Ong de Martinez, was riding in a carromata along the left-hand side of the street,
when a delivery wagon belonging to the defendant, William Van Buskirk, came along the street in the


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