Manuel De Guia v The Manila Electric Railroad and Light Company, G.R. No. L-14335 CASE DIGEST

Facts:

    The petitioner, a physician, boarded a car at the end of the line with the intention of coming to the city. At about thirty meters from the starting point, the car entered a switch, the petitioner remaining on the back of the platform holding the handle of the right-hand door. Upon coming out of the switch, the small wheels of the rear car left the track, ran for a short distance, and struck a concrete post. As the car stopped, the petitioner was thrown against the door, receiving bruises and possible internal injuries. The trial court found that the motorman was negligent for having maintained too rapid a speed. On the other hand, the respondent insisted that the derailment of the car is supposed to be due to a fortuitous event and not the negligence of the motorman, i.e. a stone lodged between the rails at the juncture of the switch, unobserved by the motorman.

Issue:

    WoN the respondent is liable for damages?

Ruling:

(Article 1172)

    Yes, the respondent is liable for damages.

    The petitioner had boarded the car as a passenger for the city of Manila and the company undertook to convey him for hire. The relation between the parties was, therefore, of a contractual nature, and the duty of the carrier is to be determined with reference to the principles of contract law, i.e. the company was bound to convey and deliver the petitioner safely and securely with reference to the degree of care, which, under the circumstances, is required by law and custom applicable to the case. (culpa contractual)

Note:

culpa aquiliana

    - relevant to prove that the company exercise due care in the selection and instruction of the motorman; liability incurred by  negligence in the absence of a contractual relation