TRANSPO 2018 MIDTERMS

1. A delivered his goods to PNR for transportation. PNR gave him a Bill of Lading
evidencing transaction. When PNR went off, complainant embarked PNR without
the knowledge and permission of its employees and he did not go to the “freight
couch” - where passengers are staying. He hid in the compartment where the goods
were placed. However, PNR suddenly was derailed and the goods falled into A
causing his death.
1.1 Is PNR a private carrier?
1.2 Is PNR liable for the death of A?

2. Amaia boracay resort with a “ferry boat” conducts a tour package where they
transport their customers from one place to another besides from their principal
business. However A, one of the passengers got drowned and had no lifejacket on
and was eventually killed. But was eventually saved?or not saved? A/His heirs sued
Amaia for the death of A.
2.1 Is Amaia a common carrier?
2.2 Is Amaia liable for damages from A

3. 80 year old Ompong slipped/fell from the gangplank (not sure if nasira yung
gangplank) while disembarking form the vessel of the common carrier. Almost
drowned and was thereafter saved. After 1 month he had pneumonia and
eventually died. The common carrier contends that a) they already delivered them
to their desination and Ompong was already not a passenger; b) or even if they
were a passenger, the drowning was not the proximate cause of his death. Is the
common carrier liable for the death of Ompong?

4. Common carrier was contracted to deliver Milk products and while in transit, the
jeep needed repair and required 2 days of repair time. But a typhoon flooded the
place where the jeep was being repaired and eventually destroyed the goods to be
delivered to the consignee. Is the common carrier liable?
 5. Passenger Mukhong, passenger of a bus company, brought a gasoline in a plastic
bag. Eventually it lit up and Makang, the other co-passenger) was injured. Makang
sued the bus company for the damages sustained. Is the bus company liable for
damages?

6. A, passenger of the bus company, had an altercation with the conductor of the
bus company, and was eventually stabbed by a knife held by the conductor. The
driver joined the altercation and eventually damaged the passenger’s bag/goods.
Hospitalization expenses amounted to 20000 and the goods damaged to 2000. A
sued the bus company for the damages sustained. However the bus company
contested that there is a a writing at the back of the ticket limiting the liability of
the bus company in cases of negligence of its employees amounting to 1000 for
injuries and 200 for goods lost/damage. How much can A recover from the bus
company?

7. A jeep ridden by A, a passenger, had an vehicular collision/accident with a truck

which eventually caused injuries to A. A sued the owner of the jeepney for damages
sustained. The owner of the jeepney contended that it should not be liable for
damages because it is the truck that should be held liable since it had the last clear
chance to avoid such collision. Is the owner of the jeep not liable for damages?
8. A ship had collided with a wharf causing damage and the goods on its deck which
was also damaged. 8.1) what is the basis of liability of the owner of the vessel for
the damages sustained with the wharf? 8.2) what are the basis of liability for the
damages sustained with the goods on the ship/deck of the ship?

9. Mr. X, passenger was stabbed by Mr. Y, the driver of the taxi cab, during the
course of its trip which Mr. X died. 9.1) Can Mr. Z, owner of the taxi cab be held
liable for the death of Mr. X? 9.2) If the same case but this time, Mr. S, a co-
passenger stabbed Mr. X, while Mr. Y tried to stop Mr. S in stabbing Mr. X. The
driver allowed Mr. S to ride in/share ride for the reason that he needs to increase
his income.