160.21. FELA-Differing Effect of Contrib. Negligence-RR Non-RR Defts-Employing Non-Employing RR Defts

160.21 FELA--Differing Effect of Contributory Negligence--Railroad and NonRailroad Defendants--Employing and Non-Employing Railroad Defendants The liability of the defendants in this case will be different if you find that the [plaintiff] [decedent] was guilty of contributory negligence. As to the defendant [name of railroad which employed plaintiff or decedent] , if you find that its negligence, in whole or in part, caused [injury to the plaintiff] [the death of the decedent], then the defendant [name of railroad which employed plaintiff or decedent] is liable, even if the [plaintiff] [decedent] was guilty of contributory negligence, because so far as the defendant [name of railroad which employed plaintiff or decedent] is concerned, contributory negligence of the [plaintiff] [decedent] would reduce the amount of the damages which may be recovered but would not entirely prevent the [decedent's] [plaintiff's] recovery [of damages against that defendant]. As to the defendant [name of non-FELA defendant or railroad defendant that did not employ plaintiff or decedent] however, negligence of the [plaintiff] [decedent] which is more than 50% of the cause of the [injury] [death] would be a complete bar to recovery of damages from the defendant [name of non-FELA defendant or railroad defendant that did not employ plaintiff or decedent].