...injury to any employe, or where such injuries have resulted in his death, the fact that the employe may have been guilty of contributory negligence shall...proportion to the amount of negligence attributable to such employe : Provided that no such employe who may have been injured or killed shall be held to have been...

...injuries to an employe, or where such injuries have resulted in his death, the fact that the employe may have been guilty of contributory negligence shall...proportion to the amount of negligence attributable to such employe: Provided, That no such employe who may be injured or killed shall be held to have been guilty...

...statute which deals with this matter, and which is in the following words : "The fact that the employe may have been guilty of contributory negligence shall...proportion to the amount of negligence attributable to such employe," and then said to them : "If you find that plaintiff's intestate was guilty of contributory...

...case, and the agents of the company are both in fault, the former, that is, the plaintiff, may recover, but the damages shall be diminished by the jury in proportion to the amount of the fault attributable to him, the plaintiff. (4.) Because the court charged as follows:...

...§3034 is: "If the complainant and the agents of the company are both at fault, the former may recover, but the damages shall be diminished by the jury in proportion to the amount of default attributable to him." Both contain the doctrine of contributory negligence and the...

...his own negligence ; and if the complainant and the company be both at fault, the former may recover, but the damages shall be diminished by the jury in proportion to the amount of fault attributable to him. In construing these sections of our Code as enactments in pari...

...That in all actions hereafter brought against any such common carrier by railroad under or by virtue of * * * the provisions of this act to recover damages,...amount of negligence attributable to such employee. * * *" Defendant's counsel urged to the trial court, and now argue in their brief, that there was no...

...roadbed, works, boats, wharves or other equipment.' Section 3 of this act provides, in part, as follows: " 'The fact that the employee may have been guilty of...amount of negligence attributable to such employee.' "The trial judge instructed the jury according to the provisions of section 3 of the act in paragraph...

...recover dama personal injuries to an employee, or where s juries have resulted in his death, the fact tl employee may have been guilty of contributory negligence...amount of negligence attributable to such employee." This modifies, as does our own statute, the commonlaw rule formerly applied in this jurisdiction that...

...the same as a want of ordinary care, plaintiff was entitled to recover, but that his damages should be diminished by the jury in proportion to the amount of negligence of such employee; that if the plaintiff was entitled to recover and if the jury did not find that he...