QUILLIAN, J.
1. The defendant insists that the deceased could have avoided the obstruction if he had exercised ordinary prudence for his own safety. On the first appearance of the case at bar this court pointed out several deficiencies in the petition, upon which it based the ruling that the general demurrer should have been sustained.
The first of these deficiencies was that the contrary not being pleaded, it was presumed that there was ordinary visibility...
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