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    Bachelor Express, Inc V CA

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    Vox Populi
    The document summarizes a court case involving a bus company, Bachelor Express, Inc., being sued for damages after two passengers were killed during an incident of panic and commotion on one of its buses. While the initial cause was a passenger suddenly stabbing another person, the court found the bus company still liable because it did not prove it was not negligent. Specifically, the bus driver did not stop immediately, the bus was speeding during the incident, doors opened while still moving causing the victims to fall out, and the bus was not properly equipped according to law. Therefore, the court dismissed the bus company's petition and found it liable even for injuries caused by acts of other passengers.

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    Bachelor Express, Inc V CA

    Uploaded by

    Vox Populi
    44 views2 pages
    The document summarizes a court case involving a bus company, Bachelor Express, Inc., being sued for damages after two passengers were killed during an incident of panic and commotion on one of its buses. While the initial cause was a passenger suddenly stabbing another person, the court found the bus company still liable because it did not prove it was not negligent. Specifically, the bus driver did not stop immediately, the bus was speeding during the incident, doors opened while still moving causing the victims to fall out, and the bus was not properly equipped according to law. Therefore, the court dismissed the bus company's petition and found it liable even for injuries caused by acts of other passengers.

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    Bachelor Express, Inc v CA

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    The document summarizes a court case involving a bus company, Bachelor Express, Inc., being sued for damages after two passengers were killed during an incident of panic and commotion on one of its buses. While the initial cause was a passenger suddenly stabbing another person, the court found the bus company still liable because it did not prove it was not negligent. Specifically, the bus driver did not stop immediately, the bus was speeding during the incident, doors opened while still moving causing the victims to fall out, and the bus was not properly equipped according to law. Therefore, the court dismissed the bus company's petition and found it liable even for injuries caused by acts of other passengers.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    44 views2 pages

    Bachelor Express, Inc V CA

    Uploaded by

    Vox Populi
    The document summarizes a court case involving a bus company, Bachelor Express, Inc., being sued for damages after two passengers were killed during an incident of panic and commotion on one of its buses. While the initial cause was a passenger suddenly stabbing another person, the court found the bus company still liable because it did not prove it was not negligent. Specifically, the bus driver did not stop immediately, the bus was speeding during the incident, doors opened while still moving causing the victims to fall out, and the bus was not properly equipped according to law. Therefore, the court dismissed the bus company's petition and found it liable even for injuries caused by acts of other passengers.

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    © All Rights Reserved
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    of 2

    Injury to passenger due to acts of co-passenger or stranger

    BACHELOR EXPRESS, INC. VS. CA


    G.R. No. 85691; July 31, 1990

    DOCTRINES:
    Common Carriers; Damages; The sudden act of the passenger who stabbed another passenger in the bus is
    within the context of force majeure.

    To be absolved from liability in case of force majeure, it is not enough that the accident was caused by force
    majeure; Common carrier must still prove that it was not negligent in causing the injuries resulting from
    such accident.

    Petitioners have failed to overcome the presumption of fault and negligence found in the law governing
    common carriers.

    FACTS:
    Bus No. 800 owned by petitioner and driven by Cresencio Rivera was the situs of a stampede which
    resulted in the death of passengers Ornominio Beter and Narcisa Rautraut. The evidence shows that the
    bus came from Davao City on its way to Cagayan de Oro City passing Butuan City. While at Butuan City,
    the bus picked up a passenger. About 15 minutes later, a passenger at the rear portion suddenly stabbed
    a PC soldier which caused commotion and panic among the passengers. When the bus stopped,
    passengers Ornominio Beter and Narcisa Rautraut were found lying down the road, the former already
    dead as a result of head injuries and the latter also suffering from severe injuries which caused her death
    later. The passenger-assailant alighted from the bus and ran toward the bushes but was killed by the
    police. Thereafter, the heirs of Ornomino Beter and Narcisa Rautraut, private respondents herein, filed a
    complaint for "sum of money" against Bachelor Express, Inc. and the driver Rivera.

    In their answer, the petitioners denied liability for the death of Ornominio Beter and Narcisa Rautraut.
    They alleged that "the driver was able to transport his passengers safely to their respective places of
    destination except Ornominio Beter and Narcisa Rautraut who jumped off the bus without the knowledge
    and consent, much less, the fault of the driver and conductor and the defendants in this case; the
    defendant corporation had exercised due diligence in the choice of its employees to avoid as much as
    possible accidents; the incident on August1,1980 was not a traffic accident or vehicular accident; it was an
    incident or event very much beyond the control of the defendants xxx”

    After due trial, the trial court issued an order dismissing the complaint. Upon appeal however, the trial
    court's decision was reversed and set aside.

    ISSUE:
    WON Bachelor Express as common carrier is liable even for the acts of its passengers

    RULING:
    YES. Although the running amuck of the passenger was the proximate cause of the incident as it
    triggered off a commotion and panic among the passengers and the sudden act of the passenger who
    stabbed another passenger in the bus is within the context of force majeure, it is not enough that the
    accident was caused by force majeure to absolve the common carrier from liability. The common carrier
    must still prove that it was not negligent in causing the injuries resulting from such accident.

    Considering the factual findings of the Court of Appeals—the bus driver did not immediately stop the bus
    at the height of the commotion; the bus was speeding from a full stop; the victims fell from the bus door
    when it was opened or gave way while the bus was still running; the conductor panicked and blew his
    whistle after people had already fallen off the bus; and the bus was not properly equipped with doors in
    Injury to passenger due to acts of co-passenger or stranger

    accordance with law—it is clear that the petitioners have failed to overcome the presumption of fault and
    negligence found in the law governing common carriers.

    DISPOSITIVE: Petition is DISMISSED.

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