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Facts:
-
Issue:
1. W/N Nueca was a passenger?
2. W/N MRC is liable?
3. Was the accident due to MRCs negligence or
force majeur?
4. Is Nueca liable for contributory negligence?
Held:
1. No, Nueca was not a passenger thus, MRC did not
owe him extraordinary diligence.
A passenger is one who travels in a public conveyance
by virtue of a contract, express or implied, with the
carrier as to the payment of the fare, or that which is
accepted as an equivalent.
The relation of passenger and carrier commences when
one puts himself in the care of the carrier, or directly
under its control, with the bona fide intention of
becoming a passenger, and is accepted as such by the
carrier as where he makes a contract for trasportation
and presents himself at the proper place and in a proper
manner to be transported.
TRANSPORTATION TESORO 3D (ATENEO LAW 2014) Arboladura, Becina, Certeza, Confstantino, Ferrer, Galleon, Ilano, Leonardo, Magbanua,
Pieraz, Pozon, Saile, Salva, Tiu
4. No.
An invitation to stay in the premises is implied from the
lack of prohibition to outsiders to keep off the premises,
hence, a stranger who is injured by a derailed train
while staying beside a railroad track is not guilty of
contributory negligence.
Note: Our law on common carriers is lifted from AngloAmerican statutes.