G.R. No. 37044 & G.R. No. 37045; March 29, 1933
Consolacion Junio and Beatriz Soloria, represented by her father Faustino Soloria as guardian ad litem, plaintiffs-appellants, vs. The Manila Railroad Company, defendant-appellee.

FACTS

On the night of April 13, 1930, plaintiffs Consolacion Junio and Beatriz Soloria were passengers in a hired car (a PU-Car) that collided with a night express train at a railroad crossing in Calasiao, Pangasinan. The crossing was equipped with gates, required by law due to its dangerous nature, but they were not lowered at the time of the accident. The car’s driver claimed he slowed down and was on the lookout; the train’s engineer claimed he sounded the bell and whistle. The trial court absolved the defendant railroad company.

ISSUE

Whether the negligence of the car driver is imputable to the passenger-plaintiffs, thereby barring their recovery of damages from the concurrently negligent railroad company.

RULING

No. The Supreme Court reversed the trial court. Both the railroad company (for failing to lower the gates as its voluntary safety measure imposed) and the car driver (for failing to slacken speed, “look and listen,” and maintain a reasonable speed) were negligent. However, the contributory negligence of the driver is not imputable to the passengers. The general rule, applied to hired cars for public service, is that a passenger without control over the driver and without personal fault is not barred from recovering against a third party whose negligence contributed to the injury. The plaintiffs, being mere passengers, were entitled to damages. Consolacion Junio was awarded P3,000 (P2,500 as damages and P500 for expenses). Beatriz Soloria was awarded P300 for medical expenses.

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