Atlantic Coast Line Railroad v. McDonald

Carlisle, Judge.

The first special ground of the motion *330for a new trial complains of the failure of the trial judge to charge without request that the plaintiff employee was charged with the duty of exercising ordinary care for his own safety. This case, of course, is one under the Federal Employers’ Liability Act. In charging the jury the law applicable to the case, the judge said: “Gentlemen of the jury, the law I referred to [Federal Employers’ Liability Act] further provides that in all such actions the fact that the employee may have been guilty, himself, of contributory negligence shall…