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PNR V IAC

PNR train collided with a passenger bus at a railroad crossing, killing 18 people and injuring 53 others. The plaintiff alleged PNR and its engineer were negligent for not having safety measures like bars or signals at the busy intersection. The court held that while PNR has governmental powers, it was also acting as a private business by operating passenger trains, so it was not immune from liability for the collision and could be sued.

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Cyrus Avelino
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32 views

PNR V IAC

PNR train collided with a passenger bus at a railroad crossing, killing 18 people and injuring 53 others. The plaintiff alleged PNR and its engineer were negligent for not having safety measures like bars or signals at the busy intersection. The court held that while PNR has governmental powers, it was also acting as a private business by operating passenger trains, so it was not immune from liability for the collision and could be sued.

Uploaded by

Cyrus Avelino
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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PNR v.

IAC
FACTS:
The passenger express train of Philippine National Railways (PNR) and a passenger bus of
Baliwag Transit Inc. collided at the railroad crossing at Barrio Balungao, Calumpit Bulacan at
1:30 in the afternoon of August 10, 1947 causing damage to the bus and its passengers, 18 of
whom died and 53 suffered physical injuries. Plaintiff alleges that the collision was due to the
negligence and imprudence of PNR and its engineer Honorio Cirbado in operating in a busy
intersection without any bars, semaphores, signal lights, flagman or switchman.
ISSUE:
Is PNR immune from suit?
HELD:
By the doctrine of implied powers, the power to sue and be sued is implicit from the
faculty to transact private business. PNR is not exercising governmental powers, as such it is not
immune from suit.

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