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 eventually 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 obstruction 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.
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