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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