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1) Two trucks traveling in opposite directions met at a sharp curve, with one truck sideswiping a passenger hanging on the running board of the other truck, injuring and killing the passenger. 2) The Supreme Court ruled that the carrier and driver were negligent for allowing the passenger to ride in a prohibited area of the vehicle. 3) The Court also found the other truck contributory negligent, as it was traveling at high speed while negotiating the sharp curve and was in the middle of the road instead of its right side, resulting in the sideswipe of the passenger. The carrier and other driver were both found liable for the passenger's death.

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130 views

1

1) Two trucks traveling in opposite directions met at a sharp curve, with one truck sideswiping a passenger hanging on the running board of the other truck, injuring and killing the passenger. 2) The Supreme Court ruled that the carrier and driver were negligent for allowing the passenger to ride in a prohibited area of the vehicle. 3) The Court also found the other truck contributory negligent, as it was traveling at high speed while negotiating the sharp curve and was in the middle of the road instead of its right side, resulting in the sideswipe of the passenger. The carrier and other driver were both found liable for the passenger's death.

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Copyright
© © All Rights Reserved
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PROSPERO SABIDO and ASER LAGUNDA vs.

CARLOS CUSTODIO, BELEN MAKABUHAY


CUSTODIO and THE HONORABLE COURT OF APPEALS
G.R. No. L-21512 August 31, 1966
CONCEPCION, C.J.:

Facts:
The case started in Barrio Halang, Municipality of Lumban, Province of Laguna when two
trucks, one driven by Nicasio Mudales and belonging to Laguna-Tayabas Bus Company, and the
other driven by Aser Lagunda and owned by Prospero Sabido, going in opposite directions met
each other in a road curve. Agripino Custodia a passenger of LTB bus, who was hanging on the
left side as truck was full of passengers was sideswiped by the track driven by AserLagunda. As a
result, Agripino Custodio was injured and died. Hence, the filing of the case.

Issue:
Can herein petitioner be freed from any liability?

Held:
The Supreme Court ruled negatively.

According to the Court, the carrier and its driver were clearly guilty of negligence for having
allowed Agripino Custodio to ride on the running board of the bus, in violation of Section 42 of
Act No. 3992, and that this negligence was the proximate cause of Agripino's death.
Furthermore, it should be noted, however, that the lower court had, likewise, found the
petitioners guilty of contributory negligence, which was as much a proximate cause of the
accident as the carrier's negligence, for petitioners' truck was running at a considerable speed,
despite the fact that it was negotiating a sharp curve and instead of being close to its right side
of the road, said truck was driven on its middle portion and so near the passenger bus coming
from the opposite direction as to sideswipe a passenger riding on its running board.

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