MANILA RAILROAD CO
FACTS: On January 20, 1915, Cangco was riding the
train of Manila Railroad Co (MRC). He was an employee
of the latter and he was given a pass so that he could
ride the train for free. When he was nearing his
destination at about 7pm, he arose from his seat even
though the train was not at full stop.
1. When he was about to alight from the train
(which was still slightly moving) he accidentally
stepped on a sack of watermelons which he
failed to notice due to the fact that it was dim.
2. This caused him to lose his balance at the door
and he fell and his arm was crushed by the train
and he suffered other serious injuries. He was
dragged a few meters more as the train slowed
down.
3. It was established that the employees of MRC
were negligent in piling the sacks of
watermelons. MRC raised as a defense the fact
that Cangco was also negligent as he failed to
exercise diligence in alighting from the train as
he did not wait for it to stop.
an incident in
a contractual
of an extraits essential
The fact that the complaint was not in writing does not
detract anything from the seriousness thereof,
considering that a miscalculation would not only cause
the death of the crew but also of the passengers.
One month prior to the crash-landing, when the pilot
was preparing to land in Daet, plaintiff warned him
that they were not in the vicinity of Daet but above the
town of Ligao. The plane hit outside the airstrip. In
another instance, the pilot would hit the Mayon
Volcano had not Samson warned him.
Article
2205
of
the
New
Civil
Code
of
the Philippines damages may be recovered for loss or
impairment of earning capacity in cases of temporary
or permanent personal injury."
BRINAS V. PEOPLE
FACTS: In the afternoon of January 6, 1957, Juanito
Gesmundo bought a train ticket at the railroad station
in Tagkawayan, Quezon for his 55-year old mother
Martina Bool and his 3-year old daughter Emelita
Gesmundo. The two were bound for Lusacan in Tiaong,
Quezon.
1. They boarded the train of Manila Railroad
Company at about 2pm. Upon approaching
Barrio Lagalag at 8pm, the train slowed down
and the conductor, accused-appellant, Clemente
Brinas, shouted Lusacan, Lusacan!
2. The old woman walked towards the train exit
carrying the child with one hand and holding her
baggage with the other.
3.
When they were near the door, the train
suddenly picked up speed. The old woman and
the child stumbled from the train causing them
to fall down the tracks and were hit by an
oncoming train, causing their instant death.
4. A criminal information was filed against Victor
Milan, the driver, Hermogenes Buencamino, the
assistant conductor and Clemente Brinas for
Double Homicide thru Reckless Imprudence. But
the
lower
court
acquitted
Milan
and
Buencamino. On appeal to the CA, respondent
CA affirmed the decision.
ISSUE: WON the CA erred in ruling the accusedappellant was negligent
cause
of
death
is
the