Scribd Logo
Upload

Welcome to Scribd!

  • 82 views

    Vda. de Bataclan v. Medina, 1957

    Uploaded by

    Randy Sioson
    The bus driven by Saylon was running fast and one of its front tires burst, causing it to fall into a canal and turn turtle. Four passengers, including Juan Bataclan, could not get out. Gasoline began leaking from the overturned bus. When men came to help with a torch, fire started, killing the trapped passengers. The trial court found the proximate cause was the fire, but the Supreme Court held the overturning of the bus was the proximate cause, as the leaking gasoline and arrival of rescuers with a torch were natural consequences of the accident in the dark rural area. Negligence of the carrier's driver and conductor in not warning of the gasoline leak also contributed to the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Vda. de Bataclan v. Medina, 1957

    Uploaded by

    Randy Sioson
    82 views1 page
    The bus driven by Saylon was running fast and one of its front tires burst, causing it to fall into a canal and turn turtle. Four passengers, including Juan Bataclan, could not get out. Gasoline began leaking from the overturned bus. When men came to help with a torch, fire started, killing the trapped passengers. The trial court found the proximate cause was the fire, but the Supreme Court held the overturning of the bus was the proximate cause, as the leaking gasoline and arrival of rescuers with a torch were natural consequences of the accident in the dark rural area. Negligence of the carrier's driver and conductor in not warning of the gasoline leak also contributed to the

    Original Description:

    insurance case digest

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The bus driven by Saylon was running fast and one of its front tires burst, causing it to fall into a canal and turn turtle. Four passengers, including Juan Bataclan, could not get out. Gasoline began leaking from the overturned bus. When men came to help with a torch, fire started, killing the trapped passengers. The trial court found the proximate cause was the fire, but the Supreme Court held the overturning of the bus was the proximate cause, as the leaking gasoline and arrival of rescuers with a torch were natural consequences of the accident in the dark rural area. Negligence of the carrier's driver and conductor in not warning of the gasoline leak also contributed to the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    82 views1 page

    Vda. de Bataclan v. Medina, 1957

    Uploaded by

    Randy Sioson
    The bus driven by Saylon was running fast and one of its front tires burst, causing it to fall into a canal and turn turtle. Four passengers, including Juan Bataclan, could not get out. Gasoline began leaking from the overturned bus. When men came to help with a torch, fire started, killing the trapped passengers. The trial court found the proximate cause was the fire, but the Supreme Court held the overturning of the bus was the proximate cause, as the leaking gasoline and arrival of rescuers with a torch were natural consequences of the accident in the dark rural area. Negligence of the carrier's driver and conductor in not warning of the gasoline leak also contributed to the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    VDA. DE BATACLAN v.

    MEDINA
    102 PHIL 181
    MONTEMAYOR; October 22, 1957
    FACTS
    - Juan Bataclan rode Bus 30 of Medina Transport, driven by Saylon, shortly after midnight. The bus was running
    very fast. One of the front tires burst. Bus fell into canal and turned turtle. 4 passengers couldnt get out,
    including Bataclan. Gasoline began to leak from the overturned bus. 10 men came to help. 1 carried a torch and
    when he approached the bus, fire started, killing the trapped passengers.
    - TC opined that proximate cause of Bataclans death was not the overturning of bus but the fire. At the time fire
    started, Bataclan, though injured, was still alive and damages were awarded, not for his death, but for physical
    injuries suffered.
    ISSUE/S
    WON the proximate cause is the overturning of the bus or the fire
    HELD
    - The proximate cause is the overturning of the bus.
    - Ordinarily, when a bus overturns and pins down passenger, merely causing him injuries. If through some event,
    unexpected and extraordinary, the bus is set on fire, and passenger is burned to death, one might contend that the
    proximate cause was the fire and not the overturning of the vehicle.
    - But here, the proximate cause of Bataclans death is the overturning of the bus, this for the reason that when the
    vehicle turned not only on its side but completely on its back, leaking of gasoline from the tank was not unnatural
    or unexpected.
    - The coming of the men with the torch was in response to the call for help, made only not by the passengers but
    even the driver and conductor, and because it was very dark, about 2:30 am, rescuers had to carry a light with
    them. Coming as they did from rural area where lanterns and flashlights were not available, they had to use a
    torch. What was more natural than that said rescuers should innocently approach the overturned vehicle to extend
    aid.
    - The coming of the men with the torch was to be expected, and was a natural sequence of the overturning of the
    bus, the trapping of some of its passengers and the call for outside help.
    - The burning of bus can also in part be attributed to negligence of carrier, through its driver and conductor. They,
    or at least the driver, should have known that in the position in which the overturned bus was, gasoline could and
    must have leaked from the gasoline tank and soaked the area in and around the bus. Gasoline can be smelt and
    detected even from a distance, and yet neither the driver nor the conductor would appear to have cautioned or
    taken steps to warn rescuers not to bring the lighted torch too near the bus.

    You might also like