 | William Francis Bailey - Employers' liability - 1894 - 674 pages
...is done by his consent, or is caused by his own negligence. If the complainant and the company are both at fault, the former may recover; but the damages shall be increased or diminished by the jury in proportion to the amount of default attributable to him. Sec.... | |
 | Labor - 1908 - 1132 pages
...recovery, where his contributory negligence was slight and that of the employer was gross in comparison, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee. All questions of negligence and contributory negligence... | |
 | William John Tossell - Law reports, digests, etc - 1912 - 940 pages
...recovery where his contributory negligence was slight and that of the employer was greater in comparison. But the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employe. All questions of negligence and contributory negligence... | |
 | Railroad law - 1897 - 772 pages
...his consent, or is caused by his own negligence. If the complainant and the agent of the company are both at fault, the former may recover, but the damages...proportion to the amount of fault attributable to him," — and without proper explanation, and in the same connection, stated also the following: "The carrier... | |
 | Norman Fetter - Carriers - 1897 - 888 pages
...his consent, or is caused by his own negligence. If the complainant and the agents of the company are both at fault, the former may recover, but the damages...shall be diminished by the jury in proportion to the amount of default attributable to him." Another statute 2 declares: "If the plaintiff, by ordinary... | |
 | David Shephard Garland, James Cockcroft, Lucius Polk McGehee, Charles Porterfield - Law - 1898 - 1206 pages
...some negligence, if in the exercise of ordinary care, and that if the plaintiff and the defendant are both at fault the former may recover, but the damages shall be diminished in proportion to the amount of default attributable to the plaintiff.1 2. Illinois. — As stated above,... | |
 | Railroad law - 1899 - 942 pages
...his consent, or is caused by his own negligence. If the complainant and the agents of the company are both at fault, the former may recover, but the damages shall be diminished or increased by the jury in proportion to the amount of default attributable to him. 'Sec. 3. If any... | |
 | Railroad law - 1899 - 932 pages
...although the plaintiff may in some way have contributed to the injury sustained, but in that event the damages shall be diminished by the jury in proportion to the default attributable to him Code, §§ 2972, 3033, 3034, and citations." Branham v. Central R. Co.,... | |
 | Law reports, digests, etc - 1901 - 854 pages
...his consent, or is caused by his own negligence. If the plaintiff and the agents of the company are both at fault, the former may recover, but the damages shall be I. Citing Cauley v. Pitts. Cin. & St. Co., 31 PF Smith (Pa.) 366; Railroad L. R'y Co.. 95 Pa. St. 398,... | |
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Act to recover damages for personal injuries to an employee or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by... 
