Title
Rakes vs. The Atlantic Gulf and Pacific Co.
Case
G.R. No. L-1719
Decision Date
Jan 23, 1907
Employee injured due to unsafe track; employer negligent for failing to repair after notice. Contributory negligence reduced damages; civil liability affirmed.

Case Digest (G.R. No. 223768)
Expanded Legal Reasoning Model

Facts:

  • Parties and Context
    • Plaintiff-appellee M. H. Rakes, one of eight laborers hauling 560-lb. iron rails on hand cars for defendant-appellant Atlantic, Gulf and Pacific Co. in Manila.
    • Two cars carried seven rails each, projecting front and rear, on open crosspieces without side guards or fish plates.
  • Accident and Track Condition
    • Near the water’s edge, track sagged when a supporting crosspiece (or piling) was dislodged by typhoon-raised bay water; a tie broke.
    • Rails slid off, crushing plaintiff’s leg; amputation followed. No immediate repair was done despite visible track depression and foreman notice by a co-worker.

Issues:

  • Was the defendant negligent in constructing, maintaining, and inspecting the tramway so as to cause the accident?
  • Did plaintiff’s own negligence—continuing work after noticing track depression and walking on ties—contribute to the injury, and if so, what is its effect on his recovery?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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