Luther v. Norfolk & Western Railway Co.

"What’s in a name? that which we call a rose By any other name would smell as sweet.” Shakespeare: Romeo and Juliet, act II, sc. ii, 43.

I dislike disagreeing with my colleagues, but I just cannot see how plaintiff’s negligence is different from plaintiff’s contributory negligence. The point is, plaintiff had the burden of proving that defendant was negligent, and plaintiff did so by proving defendant’s employee was negligent. Who was defendant’s employee that was so negligent? Why it was none other than plaintiff. If plaintiff’s negligence was so great as to be imputed to defendant, how can…