Atlanta & West Point Railroad v. Pressley

1. It appearing from the allegations in the petition that the plaintiff’s wife, for whose homicide by the operation of the defendant’s train the plaintiff was seeking to recover, was walking along a path by one of the defendant’s tracks, not at a public crossing, with her back towards the approaching train, and was run into by the train and killed, and that by reason of noises made by a cotton-mill in the vicinty she did not hear the train, and there being no allegation that she was not possessed of normal mental and physical faculties, and it being clearly deducible from the allegations in…