Colorado and Southern Railway Co. v. Lombardi

Opinion by

Mr. Justice Sutton.

We shall refer to plaintiff in error, who was defendant in the trial court, as the railroad, and to defendant in- error, Lombardi, by name or as the employee.

This case arises under the Federal Employers’ Liability Act (Title 45, U.S.C.A. § 51, et seq.) and involves an accident that occurred in the Denver, Colorado, repair yard of the railroad while Lombardi was repairing a gondola railroad car. It involves only one issue, viz: Should the trial court 'have submitted the question of Lombardi’s asserted contributory negligence to the jury for its determination?

Lombard…