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Cangco v. Manila Railroad Co.

y Trigger: Man gets off a slowly moving train but instead of his feet meeting even ground, he stepson a pile of watermelons which inevitably made him fall from the platform onto the railroad

track. Man suffers severe injuries (his arm had to be amputated.) As a consequence thereof,

man files a complaint against railroad company. LC rules in favor of the company stating thatalthough "although negligence was attributable to defendant (by reason of the melons),

nevertheless the plaintiff failed to exercise due caution in alighting from the coach and was thus

plaintiff was precluded from recovering."

y Issue/s:o WON plaintiff is barred from recovery due to his contributory negligence (it is already

acknowledged that plaintiff was guilty of negligence)

y Held+Rationale:o No.

TEST: Ordinary or reasonable care; It is to be considered whether an ordinaryprudent person, of the age, sex and condition of the passenger would have

acted as the passenger acted under the circumstances disclosed by the

evidence.

SC: Conduct of plaintiff in undertaking to alight while the train is still slightlyunder way was not characterized by imprudence and that therefore he was not

guilty of contributory negligence.

y Agey Familiarity with the placey Right to assume that the platform was clear

y Additional discussion of the court:o Liability of defendant company is direct & immediate as it arises from the breach of that

contract by reason of the failure to exercise due care in its performance.

o Masters responsibility upon his employees negligence is ultimately based upon his ownnegligence.

o Every legal obligation must of necessity be extra-contractual or contractual. Extra-contractual: its source is in the breach or omission of those mutual duties

which civilized societies imposes upon its members, or which arise from these

relations, other than contractual, of certain members of society to others,

generally embraced in the concept of status.

The 2 fields are concentric (extra contractual being the broader field): the merefact that a person is bound to another by contract does not relieve him from

extra-contractual liability to such person.

Extra-contractual Contractual

Its source is in the breach or

omission of those mutual duties

which civilized societies imposes

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