Pollard v. Weeks

(After stating the foregoing facts.) The grounds of the general demurrer are, that no cause of action is *670set forth in either count of the petition as amended; that it appears from the petition that the decedent was not in the exercise of ordinary care for his own safety, in that no facts are alleged which would relieve him from looking where he might have occasion to go in and about the cars where he was located in the course of his duties, and it further appears that the conditions complained of were open and obvious, and no reason is assigned why the decedent could not, in the exercise of…