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1. Exercise of extraordinary diligence by a common carrier
2. Negligent act of the passenger the proximate cause of death and injury.
3. Employees could not have prevented by ordinary diligence the willful act or negligence of other passengers or strangers which caused the injury or death.
4. Liability is mitigated by the contributory negligence of passenger or his failure to observe ordinary diligence to avoid injury.
5. Stipulation to limit liability is valid in gratuitous carriage if no willful act or gross negligence by common carrier.
NOTE: Common carriers are liable for the death or injuries to passengers through the negligence or
willful acts of the former’s employees, although such employees may have acted beyond the scope of their
authority or in violation of the orders of the common carriers.
2. Negligent act of the passenger the proximate cause of death and injury.
3. Employees could not have prevented by ordinary diligence the willful act or negligence of other passengers or strangers which caused the injury or death.
4. Liability is mitigated by the contributory negligence of passenger or his failure to observe ordinary diligence to avoid injury.
5. Stipulation to limit liability is valid in gratuitous carriage if no willful act or gross negligence by common carrier.
NOTE: Common carriers are liable for the death or injuries to passengers through the negligence or
willful acts of the former’s employees, although such employees may have acted beyond the scope of their
authority or in violation of the orders of the common carriers.
