Beruflich Dokumente
Kultur Dokumente
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JOSE CANGCO, plaintiff and appellant, vs. MANILA
RAILROAD Co., defendant and appellee.
1. MASTER AND SERVANT; CONTRACT; NEGLIGENCE..
Failure to perform a contract cannot be excused upon the
ground that the breach was due to the negligence of a
servant of the obligor, and that the latter exercised due
diligence in the selection and control of the servant.
2. CONTRACTS; NEGLIGENCE; CULPA AQUILIANA;
CULPA
CONTRACTUAL.The
distinction
between
negligence as the source of an obligation (culpa aquiliana)
and negligence in the performance of a contract (culpa
contractual) pointed out.
3. CARRIERS; PASSENGERS; NEGLIGENCE; ALIGHTING
FROM MOVING TRAIN.It is not negligence per se for a
traveler to alight from a slowly moving train.
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