Pollard v. Reid

This was an action to recover for the homicide of the father of several minor children. The petition alleged substantially, that the deceased was standing on the tracks of the railroad where it was the duty of the servants of the road to anticipate the presence of persons on or near the tracks, and to exercise ordinary care in warning them of the approach of trains or cars, and that no such warning was given, as a result of which the deceased was run over and killed. It was not specifically al*595leged that the servants of the railroad actually saw the deceased on the tracks. The petition…