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Cusi vs. PNR
Cusi vs. PNR
notwithstanding the application of the emergency brakes, the train did not
stop until it reached a distance of around 100 meters."
Victorino Cusi had exercised all the necessary precautions required of him
as to avoid injury to -himself and to others. We find no need for him to have
made a full stop; relying on his faculties of sight and hearing, Victorino Cusi
had no reason to anticipate the impending danger
The record shows that the spouses Cusi previously knew of the existence of
the railroad crossing, having stopped at the guardhouse to ask for directions
before proceeding to the party. At the crossing, they found the level bar
raised, no warning lights flashing nor warning bells ringing, nor whistle from
an oncoming train. They safely traversed the crossing.
On their return home, the situation at the crossing did not in the least
change, except for the absence of the guard or flagman. Hence, on the same
impression that the crossing was safe for passage as before, Victorino Cusi
merely slackened his speed and proceeded to cross the tracks, driving at the
proper rate of speed for going over railroad crossings