CORLISS vs. MANILA RAILROAD CO.
Facts: Plaintiff´s husband was driving a jeep close to midnight at the railroad crossing in Balobago, Angeles, Pampanga on February 21, 1957. Defendant´s train was passing by and blew it´s siren. Plaintiff´s husband slowed down his jeep but did not make a full stop. The jeep collided with the locomotive engine of the train. Plaintiff´s husband was injured and died asa a result of such injuries. Plaintiff brought an action for damages for the death of her husband.
Issue: WON the plaintiff can recover damages.
Ruling: Complaint Dismissed
Ratio: ¨ A person in control of an automobile who crosses a railroad, even at a regular road crossing, and who does not exercise that precaution and that control over it as to be able to stop the same almost immediately upon the apperance of a train, is guilty of crominal negligence, providing a collission occurs and injury results.¨ The accident was caused by the negligence of plaintiff´s husband and she was not allowed to recover.
*Dre
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