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Jose Son vs.

Cebu Autobus Company

Facts: Plaintiff was a passenger of defendant in one of its truck. Allegedly due to the negligence of
the driver or defective engine, the truck fell into a canal causing plaintiff to receive serious injuries
and to kill two of his hogs (loaded therein). This prompted plaintiff to institute a complaint for
damages against the company. The trial court and the CA ruled in favour of plaintiff.

Issue: Whether the bus company must be held liable.

Ruling: Yes. The defense of defendant, that the breakage of the drag-link spring could not be
foreseen and if foreseen was inevitable, is untenable. It was already held that an accident cause
either by defects in the automobile or through the negligence of its driver is not a caso fortuito. As
such, the company must be held liable.