Comparative Negligence

A doctrine whereby negligence is classified as "slight," "ordinary," or "gross." In such case, if the negligence of a defendant be gross, there may be a recovery, notwithstanding slight contributory negligence (96 111. 47); but not where the negligence of the parties is of the same class, or the defendant's "ordinary," and the plaintiff's "slight" (72 111. 351). The doctrine is now abandoned in the only state where it prevailed as a common-law doctrine.

153 111. 165.

However, employer's liability acts in some states have modified the common law in a manner nearly akin to the old rule of comparative negligence. Under the Federal Employer's Liability Act of 1908, the negligence is compared in determining the damages, recovery being reduced proportionately to the extent that plaintiff's negligence has contributed to the accident. It varies from the old rule, however, in that no matter how gross the contributory negligence of the plaintiff may be when compared VTith the negligence of the defendant, it may be considered only in diminution of recovery and not in bar.