James Clark McReynolds

“ That in all actions hereafter brought against any such common carrier by railroad under or by virtue of any of the provisions of this 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 the jury in proportion to the amount of negligence attributable to such employee. ”

“ The company denied negligence on its part, but interposed no plea setting up the defense of contributory negligence. A jury found for the administratrix, and judgment thereon was affirmed by the supreme court of the state.
During cross-examination of the fireman, counsel attempted to show that the engineer was negligent in not having his train under proper control. ”