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Manila Railroad Company, Et Al. Vs. Zoilo Hilario, Et Al.114 Phil. 34

MANILA RAILROAD COMPANY, and ANDRES GARCIA, petitioners, vs. HON. ZOILO HILARIO, Judge of the Court of First Instance of Tarlac, PASTOR PANO, FORTUNATO PANO, ET AL., petitioners, vs. HON. ZOILO HILARIO, ETC., ET AL., respondents.

G.R. No. L-14913 | 1962-01-30

D E C I S I O N 


BENGZON, C.J.: 

Before the Court of First Instance of Tarlac, the Manila Railroad Co. and Andres Garcia were sued for damages for personal injuries on account of a collision between its train (driven by Garcia) and the truck wherein Emilia de la Cruz (deceased wife and mother of plaintiffs) was riding. Defendants moved to dismiss on the ground of improper venue, because the complaint alleged: (1) residence of the plaintiffs in Nueva Ecija; (2) location of the Railroad's main office in Manila; and (3) residence of the other defendant in Manila. 

The motion to dismiss was denied. Whereupon, the Railroad and its...