CANGCO VS MANILA RAILROAD COMPANY G.R.

L-12191 OCTOBER 14, 1918

FACTS:

On January 20, 1915, Jose Cangco was riding the train of Manila Railroad Company where
he was an employee. As the train drew near to his destination, he arose from his seat.
When he was about to alight from the train, Cangco accidentally stepped on a sack of
watermelons which he failed to notice because it was already 7:00pm and it was dim when
it happened. As a result, he slipped and fell violently on the platform. His right arm was
badly crushed and lacerated which was eventually amputated.

Cangco sued Manila Railroad Company on the ground of negligence of its employees
placing the sacks of melons upon the platform and in leaving them so placed as to be a
menace to the security of passenger alighting from the company’s trains.

The company’s defense was that granting that its employees were negligent in placing an
obstruction upon the platform, the direct and proximate cause of the injury suffered by
plaintiff was his own contributing negligence.

ISSUE: Whether or not there was a contributing negligence on the part of the plaintiff.

HELD: In determining the question of contributory negligence in performing such act – that
is to say, whether the passenger acted prudently or recklessly – the age, sex, and physical
condition of the passenger are circumstances necessarily affecting the safety of the
passenger, and should be considered.

The place was perfectly familiar to the plaintiff as it was his daily custom to get on and off
the train at the station. There could, therefore, be no uncertainty in his mind with regard
either to the length of the step which he was required to take or the character of the platform
where he was alighting. The Supreme Court’s conclusion was that the conduct of the
plaintiff in undertaking to alight while the train was yet slightly under way was not
characterized by imprudence and that therefore he was not guilty of contributory negligence.