Ballew v. Asheville & East Tennessee Railroad

In an action brought in a court of common law there could be no recovery for negligence by a plaintiff whose default contributed to the injury, but as against common carriers by railway this principle has been modified by statute. The fact that the employee may have been guilty of contributory negligence is not a bar to recovery, but in such case the damages shall be diminished by the jury in proportion to the negligence attributable to the employee. C. S., sec. 3467. This statute is effective against the railroad company but not against the defendant Howland, and the question for decision is…