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Fast Facts:
Noble Casionan and Jimenez took bamboo poles, 14 and 18 feet, respectively, for pocket mining and walked on
the only trail that led to their workplace. The trail had high-tension electrical lines sagging and dangling to the
ground. When noble turned left on a curve, his bamboo hit a wire which electrocuted him. Noble died. His heirs
sued NPC. The latter asked for mitigation of its liability since Casionan was cotributorily negligent. The SC didnt
think so.
Tortious Act: NPCs high tension cables were left dangling
What is it? Negligence on the part of NPC; contributory negligence on the part of Noble allegedly
Legal Basis: Case itself
Issue:
Whether or not there was contributory negligence on Nobles part?
Held: No.
Ratio:
Contributory negligence is conduct on the part of the injured party, contributing as a legal cause to the harm he
has suffered, which falls below the standard which he is required to conform for his own protection. There is
contributory negligence when the partys act showed lack of ordinary care and foresight that such act could
cause him harm or put his life in danger. It is an act or omission amounting to want of ordinary care on the part
of the person injured which, concurring with the defendants negligence, is the proximate cause of the injury.