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and foresight can provide, using the utmost diligence of very cautious
persons, with a due regard for all the circumstances. To successfully fend off
liability in an action upon the death or injury to a passenger, the common
carrier must prove his or its observance of that extraordinary diligence;
otherwise, the legal presumption that he or it was at fault or acted
negligently would stand.
The Pereas, acting as a common carrier, is presumed to be negligent
at the time of the accident because death had occurred to their passenger.
The Pereas presented insufficient evidence to overturn the presumption of
negligence. Therefore, the Pereas are jointly and severally liable for
damages with Alfaro and PNR.