1992

Viernes, Wayne

TOPIC: Common Carrier; DamagesMarino was a passenger on a train. Another passenger, Juancho, had taken a gallon of gasoline placed in a plastic bag into the same coach where Marino was riding. The gasoline ignited and exploded causing injury to Marino who filed a civil suit for damages against the railway company claiming that Juancho should have been subjected to inspection by its conductor. The railway company disclaimed liability resulting from the explosion contending that it was unaware of the contents of the plastic bag and invoking the right of Juancho to privacy.

[a] Should the railway company be held liable for damages?

[b] If it were an airline company involved, would your answer be the same? Explain briefly.

Suggested Answer: a. No. The railway company is not liable for damages. In overland transportation, the common carrier is ordinarily not liable for injuries to passengers from fires or explosions caused by articles brought into its conveyances by other passengers, in the absence of any evidence that the carrier, through its employees, was aware of the nature of the article or had any reason to anticipate danger therefrom. (Nocum v. Laguna Tayabas Bus Company, G.R. No. L-23733).

b. If it were an airline company, the common carrier should be made liable. In case of air carriers, it is not lawful to carry flammable materials in passenger aircrafts, and airline companies may open and investigate suspicious packages and cargoes (RA 6235).