SUPREME COURT OF THE CANAL ZONE.

territories are to remain in force and effect until altered, modified, or repealed by the new sovereignty. But we also recognize the fact that the Canal Zone is largely peopled by Americans, and that American ideas, methods; modes of living, and conduct of business, predominate in the Canal Zone, and that, so far as may be reasonably done, the laws here should be given a construction in keeping with those in the States. Looking, therefore, to the laws of the Civil Code we find article 2341 reads as follows:
He who shall have been guilty of an offense or fault, which has caused another damage, is obliged to repair it, without prejudice to the principal penalty which the law imposes for the fault or offense committed.
Article 2356 reads as follows:
As a general rule, any damage which may be imputable to malice or negligence on the part of another person, must be repaired by such person.
It is true that these provisions relate to causes arising ex-delicto and not ex-contractu, and that they recognize the old rule of the civil or Roman law that guilt is personal, and that when the responsibility for the damage can be brought home directly to the one that caused it, he and no one else is obliged to repair the damage done by him.
Section 322 of the Code of Commerce provides for recovery in cases arising ex-contractu, and section 4 thereof provides for indemnifying passengers for any damage they may suffer in their persons by reason of a vice in the vehicle, through their fault or that of the conductors or postillions.
It is true that the present action is one arising ex-delicto and not ex-contractu, and is not, therefore, governed by this section of the Code of Commerce. Article 2347 of the Civil Code goes a step farther than articles 2341 and 2356, and provides that all persons are responsible, not only for their own acts for the purpose of indemnifying foe damages, but for the acts of those who are under their care, and here certain cases are specified, such as father and child, husband and wife, curator and pupil; artisans and empresarios and their apprentices or dependents, but said article 2347 provides that the responsiblity to such persons shall cease if it is shown that by the exercise of the authority and care which their respective positions confer on and prescribe for them, they could not have prevented the act. Another provision of the law in force in the Canal Zone, however, is that provided by article 5 of law 62 of 1887, enacted by the Congress of Colombia on April 24, 1887, which is as follows:

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