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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 39309. November 24, 1933. ]

THE LE KIM, Plaintiff-Appellant, v. PHILIPPINE AERIAL TAXI CO., INC., Defendant-Appellee.

Marcelo Nubla, G. E. Campbell and W. A. Caldwell, for Appellant.

L. D. Lockwood, for Appellee.

SYLLABUS


1. LIGENCE; DAMAGES; CONTRIBUTORY NEGLIGENCE. — It is not difficult to understand from the circumstances of the instant case that the plaintiff-appellant, a passenger of a hydroplane belonging to the defendant company, acted with reckless negligence in approaching the propeller while it was still in motion, and when the banca was not yet in a position to take him. That the plaintiff-appellant’s negligence alone was the direct cause of the accident is so clear that it is not necessary to cite authoritative opinions to support the conclusion that the injury to his arm and the subsequent amputation thereof, were entirely and exclusively due to his own imprudence and not to the slightest negligence attributable to the defendant company or to its agents. Therefore, he alone should suffer the consequences of his act.


D E C I S I O N


VILLA-REAL, J.:


This is an appeal taken by the plaintiff Teh Le Kim from the judgment rendered by the Court of First Instance of Manila, absolving the defendant Philippine A
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