- Petitioner
- Ignacio del Prado
- Respondent
- Manila Electric Co.
- Citation
- G.R. No. 29462
- Court
- Supreme Court En Banc
- Division
- En Banc
- Ponente
- Street, J.
- Decided
- March 7, 1929
Summary
In this 1929 Supreme Court case, Ignacio del Prado sued Manila Electric Company for damages after losing his foot while attempting to board a moving streetcar. The incident occurred on November 18, 1925, when plaintiff tried to board car No. 74 on R. Hidalgo Street. The motorman allegedly accelerated the car prematurely while plaintiff was boarding, causing him to fall and suffer a crushed foot requiring amputation. The trial court awarded P10,000 but the Supreme Court reduced this to P2,500. The Court held the company liable for breach of contractual duty (culpa contractual) under Civil Code articles 1101, 1103, and 1104, distinguishing this from tort liability (culpa aquiliana). The Court found the motorman breached his duty of care by accelerating prematurely while aware of the plaintiff's attempt to board. While the plaintiff's contributory negligence in attempting to board a moving car was considered a mitigating circumstance, it did not defeat liability under the 'last clear chance' doctrine. The case established important precedent regarding carrier liability to boarding passengers and the distinction between contractual and tortious negligence.