The common law view of contributory negligence theoretically still obtains in most jurisdictions. Thus, if the plaintiff's negligence proximately contributes to his resulting injury or damage, he is barred entirely from recovery. But this rule is "honored in the breach" in a growing number of jurisdictions that theoretically do not accept the doctrine of comparative negligence.
David K. Siegel, Silent Growth of Comparative Negligence in Common Law Court, 12 Clev.-Marshall L. Rev. 462 (1963)