Summary

Norfolk Western Railway Company v…

“ So, if you reach that point in your deliberations where you find it necessary to consider the defense of contributory negligence, the negligence of the plaintiff is not a bar to a recovery, but it goes by way of diminution of damages in proportion to his negligence, as compared with the negligence of the defendant. ”
Source: Wikisource

Norfolk Western Railway Company v…

“ The evidence for the plaintiff was to the effect that it was the established custom in that yard for the engineer to await a signal from the pilot before proceeding over a switch, and that the pilot was entitled to rely upon the engineer's conforming to that custom; while the evidence for the defendant was to the effect that by the settled custom the engineer, although required to await a signal before passing over the first switch, was not required to await a signal before passing over the others, and that it was incumbent upon the pilot to govern himself accordingly. ”
Source: Wikisource

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