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Jose Cangco vs. Manila Railroad Co. G.R. L-12191 October 14, 1918 Fisher, J.

Jose Cangco was injured while disembarking from a train operated by Manila Railroad Company. As Cangco stepped off the train, he accidentally stepped on a sack of watermelons left on the platform by railroad employees that he did not notice in the dim lighting. This caused him to slip and fall, severely injuring his arm which later required amputation. Cangco sued the railroad for negligence. The railroad argued Cangco was also negligent. The Supreme Court ruled that Cangco was familiar with the station and took reasonable care disembarking, so was not contributorily negligent. They found the railroad employees negligently leaving objects on the platform was the direct cause of the injury.

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84 views1 page

Jose Cangco vs. Manila Railroad Co. G.R. L-12191 October 14, 1918 Fisher, J.

Jose Cangco was injured while disembarking from a train operated by Manila Railroad Company. As Cangco stepped off the train, he accidentally stepped on a sack of watermelons left on the platform by railroad employees that he did not notice in the dim lighting. This caused him to slip and fall, severely injuring his arm which later required amputation. Cangco sued the railroad for negligence. The railroad argued Cangco was also negligent. The Supreme Court ruled that Cangco was familiar with the station and took reasonable care disembarking, so was not contributorily negligent. They found the railroad employees negligently leaving objects on the platform was the direct cause of the injury.

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JOSE CANGCO vs. MANILA RAILROAD CO.

G.R. L-12191 October 14, 1918


FISHER, J.:

FACTS:
Herein petitioner, Jose Cangco, was riding the train of Manila Railroad Company where
he was an employee on January 20, 1915. 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:
Was there a contributing negligence on the part of the plaintiff?

HELD:
The Supreme Court held in negative.

According to the Supreme Court, the determination 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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