Page v. Hemingway Bros. Interstate Trucking Co.

This action was of assumpsit on account annexed to recover $822 for labor and materials. Plaintiff is an independent contractor engaged in doing general work in moving earth and gravel, and defendant is a corporation engaged as a common carrier in the hauling of freight in interstate commerce and in the State of Maine.

The defense to the action was a plea of the general issue, and consisted of a denial that the work done and labor furnished by the plaintiff was authorized by the defendant.

The evidence shows that the events leading up to this litigation took place in the summer of 1952. One…