Dennis v. Denver and Rio Grande Western Railroad Co.

CROCKETT, Justice.

Defendant railroad appeals from a jury award in favor of plaintiff, an employee, who lost two fingers on his left hand as a result of frostbite while repairing track.

The case is grounded in the Federal Employers’ Liability Act, 1 which allows re covery for negligence of the employer even if the employee is contributorily negligent, requiring that the total award he diminished by the proportion his negligence bears to the whole. The jury awarded $20,000 damages and deducted one-half thereof for the plaintiff’s negligence, leaving a net award of $10,000.

The essence of the…