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Felix Nate Vs. Manila Railroad Company 036 Phil 531

FELIx NATE, plaintiff-appellee, vs. THE MANILA RAILROAD COMPANY, defendant-appellant.

G.R. No. 11730 | 1917-03-24

D E C I S I O N


TRENT, J.:

This is an appeal from a judgment of the Court of First Instance in favor of the plaintiff for the sum of P120, the value of a caraballa killed by the defendant's train.

On March 22, 1913, a locomotive inspector who was in charge of the company's machine shops at San Fabian, Pangasinan, after repairing a locomotive, took it out on the track to test it, and while out in the country, the animal, having strayed on the track, was killed. The negligence relied upon and which forms the basis of the judgment under review is the omission of the railroad company to fence its tracks on both sides. The trial court held...