Chicoine v. James E. Cashman, Inc.

The declaration alleges that on Sunday, April 15, 1934, the plaintiff, a boy fourteen years of age, along with several companions, was playing upon a certain embankment in the City of Burlington, according to the custom of the children of the neighborhood. The embankment was situated upon the property of the Central Vermont Railway Company, which had, sometime before, given the defendant permission to draw sand therefrom. This work had been going on for several weeks, with the aid of defendant’s steam shovel and blasting operations to loosen the sand so that it could be more easily removed by…