CLINARD v. SOUTHERN PACIFIC COMPANY

No. 8748.

475 P.2d 321 (1970)

Frank J. CLINARD, Plaintiff-Appellee, v. SOUTHERN PACIFIC COMPANY, a Corporation, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied October 15, 1970.


Attorney(s) appearing for the Case

White, Gilbert, Koch & Kelly, Santa Fe, for defendant-appellant.

Arturo G. Ortega, William E. Snead, Albuquerque, for plaintiff-appellee.


OPINION

McKENNA, Justice.

This is an action for damages under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., for injuries sustained by Clinard while an employee of the appellant railroad. The amount awarded was $75,628.00 but this was reduced by the jury to $60,503.00 for it found that Clinard was contributorily negligent by 20%. Judgment was entered for this reduced sum. The railroad appeals for several reasons.

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