Pliss v. Erie Railroad

Sears, J.:

At the time of the accident a highway which crossed the defendant’s right of way in the village of Gowanda between the stations of Gowanda and Collins, was being improved under a State contract. The plaintiff was the owner of a truck which was driven by his employee and was being used to haul gravel in connection with the construction work. The practice had been to back the truck up to the concrete mixer and then dump the load onto the ground as near the mixer as possible. The gravel was then shoveled directly into the mixer. Whenever the gravel was not dumped so that it could be…