contributory negligence

A breach of duty on the part of the plaintiff in an action to recover damages for negligence to exercise the standard of care, which is ordinary care, the care that a reasonably prudent person would exercise, for his own safety, such breach constituting a defense, in the absence of legislation to the contrary, where it was a legally contributing cause of the accident. Brakensiek v Nickles, 216 Ark 889, 227 SW2d 948, 34 ALR2d 94, 28 NCCA NS 275; Wertz v Lincoln Liberty L. Ins. Co. 152 Neb 451, 41 NW2d 740, 17 ALR2d 629, 30 NCCA NS 133; Heinis v Lawrence, 160 Neb 652, 71 NW2d 127, 52 ALR2d 1428; 38 Am J1st Negl § 181. Mutual contributory or co-operative negligence exists when the injury would not have happened but for the negligence or wrong of both parties. See Alexander v Missouri, Kansas & Texas Railroad Co. (Tex Civ App) 287 SW 153, 155. The use of the expression "contributory negligence" is restricted to cases in which it appears that both of the parties to the injurious occurrence are responsible therefor. An employer having been negligent, it is appropriate to say that the employee was guilty of contributory negligence, provided, of course, his conduct is subject to such evaluation. 35Am J1st M & S § 243.