QUILLIAN, J.
The defendant insists that the demurrer should have been sustained because the petition shows that the deceased did not exercise ordinary care for his own safety by using his sense of sight and hearing to determine if it was safe to cross the railroad tracks.
While it is true the deceased may have been negligent in placing himself in the path of the train, this act alone would not debar the plaintiffs of a recovery. The petition alleged that the...
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