Terry

An appeal was taken herein from the judgment entered in favor of the plaintiff and from an order denying to the defendant a new trial. Plaintiff sued to recover damages for personal injuries alleged to have been sustained while he was employed by the defendant corporation. He charged in his complaint that the defendant was negligent in failing to place guards and lights about a “transfer-pit” into which plaintiff fell while at work during the nighttime. Defendant admitted the employment of the plaintiff. That the plaintiff suffered the injuries complained of was denied in the answer. It was alleged affirmatively that the plaintiff failed to use ordinary care and was himself guilty of negligence by which his alleged injuries were produced. It was then alleged in defense that plaintiff’s own negligence contributing to produce his injuries “was not slight in comparison with gross negligence, if any, of this defendant; and that if this defendant was guilty of any negligence whatever in the premises, the said plaintiff was guilty of equal negligence at least, directly and proximately causing and contributing to said accident.” There followed in the answer a further special plea that…