160.03. FELA-Burden of Proof

160.03 FELA--Burden of Proof [Part A] The plaintiff has the burden of proving each of the following propositions: [First, that he was injured and sustained damages while he was engaged in the course of his employment by the railroad.] [First, that the plaintiff sustained damages as a result of the decedent's death while the decedent was engaged in the course of his employment by the railroad.] Second, that the railroad violated the Federal Employers' Liability Act in one of the ways claimed by the plaintiff as stated to you in these instructions. Third, that the [injury] [death of the decedent] and damages to the plaintiff resulted, in whole or in part, from a violation of the Federal Employers' Liability Act. [If you find from your consideration of all the evidence that each of these propositions has been proved, then your verdict should be for the plaintiff. If, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved, then your verdict should be for the railroad.] [Part B] [If you find in favor of the plaintiff and against the railroad, you must then consider the railroad's claim that the plaintiff was contributorily negligent. As to that claim, the railroad has the burden of proving each of the following propositions: First, that the [plaintiff] [decedent] acted or failed to act in one of the ways claimed by the railroad as stated to you in these instructions and that in so acting, or failing to act, the [plaintiff] [decedent] was negligent; Second, that the [plaintiff's] [decedent's] negligence was a cause in whole or in part of his [injury] [and] [death]. If you find from your consideration of all the evidence that the railroad has proved each of these propositions, then you will reduce the plaintiff's damages in the manner stated to you in these instructions. On the other hand, if you find from your consideration of all the evidence that either of these propositions has not been proved, then you will not reduce the plaintiff's damages.]