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Vda-de-Nueca-vs - MRR Digest
Vda-de-Nueca-vs - MRR Digest
- The cargo was loaded on the freight wagon of Train 537. Held:
Passengers boarded the train and shunting operations
started to hook a wagon thereto. 1. No, Nueca was not a passenger thus, MRC did not owe him
extraordinary diligence.
- Before the train reached the turnoff switch, its passenger
coach fell on its side some 40 m from the station. The A passenger is one who travels in a public conveyance by virtue of
wagon pinned Nueca, killing him instantly. a contract, express or implied, with the carrier as to the payment
of the fare, or that which is accepted as an equivalent.
- Nueca’s widow and children bring this claim for damages,
alleging that the Nueca was a passenger and his death was The relation of passenger and carrier commences when one puts
caused by MRC’s negligence. himself in the care of the carrier, or directly under its control, with
the bona fide intention of becoming a passenger, and is accepted
- MRC disclaimed liability stating: (1) it exercised due care in as such by the carrier – as where he makes a contract for
safeguarding the passengers during the shunting operation, trasportation and presents himself at the proper place and in a
(2) Nueca was not a passenger but a trespasser, (3) even if proper manner to be transported.
Nueca were a passenger, he illegally boarded the train
without permission by not paying the fare, (4) the mishap Even disregarding the matter of tickets, and assuming Nueca
was not attributable to any defect in MRC equipment, (5) intended to be a passenger, he was never accepted as such by MRC
that the accident happened due to force majeur. as he did not present himself at the proper place and in a proper
manner to be transported.
- MRC presented evidence showing there was no mechanical
defect, but it did not explain why the accident occurred or 2. Yes, the liability of railroad companies to persons upon the
show that force majeur caused the mishap. premises is determined by the general rules of negligence
relating to duties of owners/occupiers of property.
1
While railroad companies are not bound to the same degree of
care in regard to strangers who are unlawfully upon the premises
of its passengers, it may still be liable to such strangers for
negligent or tortious acts.
Here, Nueca was not on the track, but either unlawfully inside the
baggage car or beside the track.
The train was under the complete control of the railroad company
at the time of the accident. The baggage car would not have been
derailed if the train had been properly operated.
4. No.