Baltimore & Ohio Rd Co. v. McTeer

*318OPINION

By ROSS, PJ.

If the ordinary rules applied, there could be no question under such evidence that a jury must find contributory negligence upon the part of McTeer.

One of the defenses advanced was sole negligence. As we have pointed out, manifestly this defense is untenable but that McTeer was in some degree negligent cannot be gainsaid.

Sec 9018, GC, provides:

“In all actions hereafter brought against a iailroad. company operating a railroad in whole or in part within this state, for personal injury to an employe or where such injuries have resulted in his death, the fact that he was guilty…