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

Citations

• 101 Kan. 528
• 168 P. 322
• 1917 Kan. LEXIS 136

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Federal Employers’ Liability Act — Death of Employee — Negligence. Under the circumstances disclosed in the opinion it can not be1 said, as a matter of law, that the defendant was not guilty of any negligence.</p> <p>2. Same — Contributory Negligence — Does Not Defeat Recovery. Under the federal employers’ liability act negligence on the part of an injured employee does not in any case defeat recovery, but only diminishes the amount of damages.</p> <p>3. Same — Contributory Negligence — Amount of Recovery — Question for Jury. Under the federal employers’ liability act, where the plaintiff is guilty of contributory negligence, the reduction of damages on account of that negligence is left to the jury.</p>