CANGCO VS MANILA RAILROAD COMPANY G.R. L-12191 OCTOBER 14, 1918

FACTS:

On January 20, 1915, Jose Cangco was riding the train of Manila Railroad Company where he was an employee. As the train drew near to his destination, he arose from his seat. When he was about to alight from the train, Cangco accidentally stepped on a sack of watermelons which he failed to notice because it was already 7:00pm and it was dim when it happened. As a result, he slipped and fell violently on the platform. His right arm was badly crushed and lacerated which was eventu-ally amputated.

Cangco sued Manila Railroad Company on the ground of negligence of its employees placing the sacks of melons upon the platform and in leaving them so placed as to be a menace to the security of passenger alighting from the company’s trains.

The company’s defense was that granting that its employees were negligent in placing an obstruc-tion upon the platform, the direct and proximate cause of the injury suffered by plaintiff was his own contributing negligence.

ISSUE: Whether or not there was a contributing negligence on the part of the plaintiff.

HELD: In determining the question of contributory negligence in performing such act – that is to say, whether the passenger acted prudently or recklessly – the age, sex, and physical condition of the passenger are circumstances necessarily affecting the safety of the passenger, and should be considered.

The place was perfectly familiar to the plaintiff as it was his daily custom to get on and off the train at the station. There could, therefore, be no uncertainty in his mind with regard either to the length of the step which he was required to take or the character of the platform where he was alighting. The Supreme Court’s conclusion was that the conduct of the plaintiff in undertaking to alight while the train was yet slightly under way was not characterized by imprudence and that therefore he was not guilty of contributory negligence.