This case has been cited 2 times or more.
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2012-08-29 |
BERSAMIN, J. |
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| Unrelenting, the Pereñas cite Phil. National Railways v. Intermediate Appellate Court,[35] where the Court held the PNR solely liable for the damages caused to a passenger bus and its passengers when its train hit the rear end of the bus that was then traversing the railroad crossing. But the circumstances of that case and this one share no similarities. In Philippine National Railways v. Intermediate Appellate Court, no evidence of contributory negligence was adduced against the owner of the bus. Instead, it was the owner of the bus who proved the exercise of extraordinary diligence by preponderant evidence. Also, the records are replete with the showing of negligence on the part of both the Pereñas and the PNR. Another distinction is that the passenger bus in Philippine National Railways v. Intermediate Appellate Court was traversing the dedicated railroad crossing when it was hit by the train, but the Pereñas' school van traversed the railroad tracks at a point not intended for that purpose. | |||||
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2006-11-02 |
CALLEJO, SR., J. |
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| This Court has previously determined the liability of the PNR for damages for its failure to put a cross bar, or signal light, flagman or switchman, or semaphores. Such failure is evidence of negligence and disregard of the safety of the public, even if there is no law or ordinance requiring it because public safety demands that said device or equipment be installed.[58] | |||||