This case has been cited 1 times or more.
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2012-02-15 |
REYES, J. |
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| The responsibility of the PNR to secure public safety does not end with the installation of safety equipment and signages but, with equal measure of accountability, with the upkeep and repair of the same. Thus, in Cusi v. Philippine National Railways,[30] we held: Jurisprudence recognizes that if warning devices are installed in railroad crossings, the travelling public has the right to rely on such warning devices to put them on their guard and take the necessary precautions before crossing the tracks. A need, therefore, exists for the railroad company to use reasonable care to keep such devices in good condition and in working order, or to give notice that they are not operating, since if such a signal is misunderstood it is a menace. Thus, it has been held that if a railroad company maintains a signalling device at a crossing to give warning of the approach of a train, the failure of the device to operate is generally held to be evidence of negligence, which maybe considered with all the circumstances of the case in determining whether the railroad company was negligent as a matter of fact. [31] | |||||