Alabama Great Southern R. Co. v. Davis

FOSTER, Justice.

The question on this' appeal is whether there was sufficient evidence of negligence of appellant or any of its employees which proximately caused the death of plaintiff’s intestate (Davis) under the Employers’ Liability Act of Congress. '45 U.S.C.A. § 51 et seq. That question does not involve contributory negligence by decedent. If there was sufficient evidence of appellant’s negligence, decedent’s contributory negligence would be material for certain purposes. But decedent’s conduct on that occasion is material to determine whether appellant or its employees were negligent…