G.R. No. 39309 ; November 24, 1933
TEH LE KIM, plaintiff-appellant, vs. PHILIPPINE AERIAL TAXI CO., INC., defendant-appellee.

FACTS

Plaintiff Teh Le Kim purchased a passenger ticket from defendant Philippine Aerial Taxi Co., Inc., for a flight from Manila to Iloilo. After an uneventful flight, the hydroplane landed on the water near Iloilo. While the plane’s propeller was still revolving (a standard procedure to drain gasoline and prevent fire or engine damage), and before a banca could approach to ferry passengers ashore, the plaintiff unfastened his safety straps, exited the cabin, walked along the pontoon, and approached the revolving propeller despite frantic shouts and warnings from the defendant’s agents on shore. The propeller struck him, causing injuries that necessitated the amputation of his right arm.

ISSUE

Whether the defendant carrier complied with its contractual obligation to carry the plaintiff safely to his destination.

RULING

Yes. The Supreme Court affirmed the trial court’s judgment absolving the defendant. The plaintiff’s injury was due entirely to his own reckless negligence. A person of ordinary prudence would know that an airplane propeller in motion is extremely dangerous and that passengers must wait for the propeller to stop and for a boat to ferry them ashore. The defendant’s pilot and agents followed standard safety procedures and gave adequate warnings. The plaintiff’s unilateral and imprudent act of approaching the moving propeller was the sole and direct cause of the accident, relieving the carrier of liability.

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