Facts:
The respondent is engaged in operating streetcars for the conveyance of passengers. Teodoro Florenciano, a motorman, after the car had stopped at its appointed place for taking on and letting passengers off, it resumed its course at a moderate speed. The car had only proceeded a short distance when the petitioner ran across the street to catch the car, upon approaching the car he raised his hand as an indication to the motorman to his desire to board the car, in response the motorman ease up a little without stopping. The petitioner seized with his hand the front perpendicular handspot at the same time placing his left foot upon the platform, however, before he had secured himself, the motorman applied the power with the result that the car lurches forward slightly. This sudden impulse caused the petitioner to slip and fell to the ground having his right foot caught and crushed by the moving car which eventually was amputated.
Issue:
WoN the respondent is negligent and liable for damages?
Ruling:
(Article 1172; 1173)
Yes, the respondent is negligent and liable for damages.
The relation between a carrier of passengers for hire and its patrons is of a contractual nature; and in failure on the part of the carrier to use due care in carrying its passengers safely is a breach of duty. This duty extends to patrons boarding as well as those alighting therefrom. (culpa contractual)
Note:
culpa aquiliana
- liability arising from a tort; not involving a breach of a positive obligation; an employer may exculpate himself by providing that he exercised due diligence to prevent the damage; the court can mitigate liability according to the circumstances of the case
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