US vs.

Bonifacio
GR No. L-10563
March 2, 1916
Carson, J:

Facts:

Bonifacio was an engineer and was conducting the heavy freight train one morning
in Batangas. The train had just rounded a curve when Bonifacio saw a man (Eligio
Castillo) walking along the railroad track. The former immediately blew his whistle
twice; unknown to him, Castillo was a deaf-mute. Noticing that Castillo did not step
aside from the track, Bonifacio tried to slow down the engine, but did not succeed in
stopping in time to avoid running down the pedestrian, who, about that time, turned
and attempted to cross the track.

Bonifacio was charged in the trial court with homicide committed with reckless
negligence and he was convicted of homicide committed with simple negligence.

Issue:

Whether or not Bonifacio is liable for the death of Castillo.

Held:

He is not liable.

There is no obligation on an engine driver to stop, or even to slow down his engine,
when he sees an adult pedestrian standing or walking on or near the track, unless
there is something in the appearance or conduct of the person on foot which would
cause a prudent man to anticipate the possibility that such person could not, or
would not avoid the possibility of danger by stepping aside. Ordinarily, all that may
properly be required of an engine driver under such circumstances is that he give
warning of his approach, by blowing his whistle or ringing his bell until he is assured
that the attention of the pedestrian has been attracted to the oncoming train.

An engine driver may fairly assume that all persons walking or standing on or near
the railroad track, except children of tender years, are aware of the danger to which
they are exposed; and that they will take reasonable precautions to avoid accident,
by looking and listening for the approach of trains, and stepping out of the way of
danger when their attention is directed to an oncoming train. Any other rule would
render it impracticable to operate railroads so as to secure the expeditious
transportation of passengers and freight which the public interest demands.

Bonifacio was without fault; and that the accident must be attributed wholly to the
reckless negligence of the deaf-mute, in walking on the track without taking the
necessary precautions to avoid danger from a train approaching him from behind.

- mabs 