Cantrell v. Pollard

1. It appearing from the allegations in the petition that the plaintiff’s husband, for whose homicide by the operation of the defendant’s train the plaintiff is seeking to recover, was walking along the defendant’s railroad track, not at a public crossing, with his back towards an approaching train, and was run into by the train and killed; that by reason of his being somewhat deaf, and by reason of noises made by a mill nearby, he did not hear the approaching train, and there being no allegation that he was not otherwise possessed of normal mental and physical faculties, and it being clearly…