Clinard v. Southern Pacific Company

OPINION

McKENNA, Justice.

This is an action for damages under the Federal Employers’ Liability Act, 45 U.S. C.A. § 51 et seq., for injuries sustained by Clinard while an employee of the appellant railroad. The amount awarded was $75,-628.00 but this was reduced by the jury to $60,503.00 for it found that Clinard was contributorily negligent by 20%. Judgment was entered for this reduced sum. The railroad appeals for several reasons.

On February 15, 1965, a cold and bitter, snowy morning, Clinard, a gang foreman, and his three-man crew reported for work. The day’s assignment was routine…