“ At the trial the court instructed the jury that, if they found the plaintiff was injured through the concurring negligence of the railway company and himself, they should determine the full amount of damages sustained by him, 'and then deduct from that whatever amount you think would be proper for his contributory negligence.' This was reiterated in different ways and somewhat elaborated, but the fair meaning of all that was said was that a reasonable allowance or deduction should be made for the plaintiff's negligence, and that it rested with the jury to determine what was reasonable. ”

“ The Federal question which brings the case here is whether proper effect was given to that part of the statute which deals with the measure of recovery where the employee contributes to his injuries by his own negligence.
At common law there could be no recovery in such a case, the contributory negligence being a complete bar or defense. ”