Lewy v. Atchison, Topeka & Santa Fe Railway Co.

This action was instituted by plaintiff and appellant against defendants and respondents under the provisions of 35 Stats. 65, title 45, U.S.C.A. ch. 2, § 51 et seq. (Federal Employers’ Liability Act) for claimed injuries occurring to plaintiff while defendant company was engaged in interstate commerce. Damages claimed amounted to $30,500.

Defendants denied generally the allegations of the complaint, and claimed contributory negligence on the part of plaintiff by way of diminution of damages under 35 Stats. 66, title 45, U.S.C.A. ch. 2, § 53. (See Myers v. Southern Pacific Co., 14 Cal.App.2d…