Adair v. Northern Pacific Railway Co.

This is an action in which a railroad employee seeks recovery under the Federal Employers Liability Act for personal injuries resulting when he suffered a fall while engaged in the course of his employment. The primary issue on this appeal concerns the sufficiency of the evidence to support a jury verdict finding the employee guilty of contributory negligence, and reducing his recovery of dam ages, accordingly, by 40 per cent, under the comparative negligence provisions of the Act. The trial court held the evidence failed to establish contributory negligence and entered judgment for the…