Kennemer v. Western & Atlantic Railroad

1. “The decedent • being at the time of the homicide an adult-possessed of normal mental and physical faculties, though he was prevented by noises in the vicinity from hearing the train which approached him from the rear, could and should have exercised the faculty of sight, by which he would have ascertained upon merely turning his head that the train was approaching. He knew that he was in a place of danger when walking longitudinally along the track, and knew that there were noises thefé which interfered with his hearing, and consequently the slightest degree of care upon his part would…