Section 46-8-291. Consent and contributory negligence as defenses; comparative negligence as affecting amount of recovery

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No person shall recover damages from a railroad company for injury to himself or his property where the same is done by his consent or is caused by his own negligence, provided that if the complainant and the agents of the company are both at fault, the former may recover, but the damages shall be diminished by the jury in proportion to the amount of fault attributable to him.

Orig. Code 1863, § 2979; Code 1868, § 2980; Code 1873, § 3034; Code 1882, § 3034; Civil Code 1895, § 2322; Civil Code 1910, § 2781; Code 1933, § 94-703.

                    
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