26. Carrier's duty as to vehicles and premises.

Carriers of passengers, at common law, are answerable for the soundness and sufficiency of their vehicles, and are liable for any defect which careful and reasonable examination would reveal1. It seems that failure to comply with particular regulations governing the construction and use of motor vehicles will not give to an injured person a right to claim damages for breach of statutory duty2. Periodical testing and examination is a duty3, and the fact that a vehicle breaks down may be prima facie evidence of negligence4