Girl v. United States Railroad Administration

This action arises under the provisions of the Federal Employers’ Liability Act. The facts presented by the record warranted the jury in finding that the defendant was negligent, and also that the plaintiff’s decedent was guilty of contributory negligence. Under the Federal law if an act of negligence on the part of the defendant is established, and it is also shown that there was some negligence on the part of the decedent-employee proximately contributing to his death the negligence of the latter is not an absolute defense, but will mitigate the damages. Bennett v. Atchison, T. & S. E. R.…