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DENNIS v. DENVER AND RIO GRANDE WESTERN RAILROAD CO.

No. 9543.

13 Utah 2d 249 (1962)

372 P.2d 3

CLAUDE DENNIS, PLAINTIFF AND RESPONDENT v. THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, A CORPORATION, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

May 29, 1962.

Attorney(s) appearing for the Case

Van Cott, Bagley, Cornwall & McCarthy, Grant Macfarlane, Jr., Clifford L. Ashton, Salt Lake City, for appellant.

Rawlings, Wallace, Roberts & Black, Salt Lake City, for respondent.

CROCKETT, Justice.

Defendant railroad appeals from a jury award in favor of plaintiff, an employee, who lost two fingers on his left hand as a result of frostbite while repairing track.

The case is grounded in the Federal Employers' Liability Act,1 which allows recovery for negligence of the employer even if the employee is contributorily negligent, requiring that the total award be diminished by the proportion his negligence bears...

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