Saar v. Atchison, Topeka & Santa Fe Railway Co.

(dissenting) : The determination of the amount by which damages shall be diminished by the jury on account of the negligence of an injured employee under the federal employer’s liability act, is by that act placed within the province of the jury. The act fixes no rule by which to determine the amount that shall be allowed on account of the contributory negligence of an employee engaged in interstate commerce, except that the damages shall be diminished in proportion to the amount of negligence attributable to such employee. It is the duty of the court to instruct the jury concerning this…