Barnhart v. Pere Marquette Railroad

Act No. 104, § 2, Pub. Acts 1909, provides as follows:

“In all actions hereafter brought against any such common carrier railroad company under or by virtue of any of the provisions of this act to recover damages for personal injury to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery: Provided, that the negligence of such employee was of a lesser degree than the negligence of such company, its officers, agents or employees.”

*542As Mr. Justice Bird says in his opinion, the question to…