Dunlap v. Northeastern Railroad

Citations

• 130 U.S. 649
• 9 S. Ct. 647
• 32 L. Ed. 1058
• 1889 U.S. LEXIS 1785

Syllabus

<p>When, in an action brought by an employé of a railroad company to recover damages for injuries caused by the negligence of other employés, the defence Of contributory negligence is set up, the plaintiff is entitled to have the question submitted to the jury unless no recovery could be had upon any view which could be properly taken of thq facts which the evidence tended to establish.</p> <p>This court will not, by a technical construction of an obscure record, preclude itself from correcting an error committed in- the trial below, if a construction can be given to it which will give jurisdiction.</p>