US vs.

Bonifacio
GR No. L-10563
March 2, 1916
Carson, J:

Facts:

Bonifacio was an engineer and was conducting the heavy freight train one morning in Batangas. The
train had just rounded a curve when Bonifacio saw a man (Eligio Castillo) walking along the railroad
track. The former immediately blew his whistle twice; unknown to him, Castillo was a deaf-mute.
Noticing that Castillo did not step aside from the track, Bonifacio tried to slow down the engine, but did
not succeed in stopping in time to avoid running down the pedestrian, who, about that time, turned and
attempted to cross the track.

Bonifacio was charged in the trial court with homicide committed with reckless negligence and he was
convicted of homicide committed with simple negligence.

Issue:

Whether or not Bonifacio is liable for the death of Castillo.

Held:

He is not liable.

There is no obligation on an engine driver to stop, or even to slow down his engine, when he sees an
adult pedestrian standing or walking on or near the track, unless there is something in the appearance
or conduct of the person on foot which would cause a prudent man to anticipate the possibility that
such person could not, or would not avoid the possibility of danger by stepping aside. Ordinarily, all that
may properly be required of an engine driver under such circumstances is that he give warning of his
approach, by blowing his whistle or ringing his bell until he is assured that the attention of the
pedestrian has been attracted to the oncoming train.

An engine driver may fairly assume that all persons walking or standing on or near the railroad track,
except children of tender years, are aware of the danger to which they are exposed; and that they will
take reasonable precautions to avoid accident, by looking and listening for the approach of trains, and
stepping out of the way of danger when their attention is directed to an oncoming train. Any other rule
would render it impracticable to operate railroads so as to secure the expeditious transportation of
passengers and freight which the public interest demands.

Bonifacio was without fault; and that the accident must be attributed wholly to the reckless negligence
of the deaf-mute, in walking on the track without taking the necessary precautions to avoid danger from
a train approaching him from behind.

- mabs 