Dennis v. Denver & Rio Grande Western Railroad

Petitioner, a section laborer employed by respondent railroad, brought this suit under the Federal Employers’ Liability Act, 35 Stat. 65, as amended, 45 U. S. C. § 51 et seq., in a Utah State Court to recover damages for personal injury sustained as a result of respondent’s alleged negligence. The jury, finding respondent negligent and petitioner contributorily negligent, assessed “general damages” at $20,000 and deducted $10,000 “by reason of contributory negligence,” leaving a verdict of $10,000 for petitioner. The Supreme Court of Utah vacated the jury verdict and ordered the entry of…