Wentworth v. Boston & Maine Railroad

The Portland Contracting Company was engaged in constructing a highway in Holderness. Gravel for use in the work was hauled by trucks from a gravel pit located on the land of one Elliott in Plymouth. The road leading to the pit crossed the tracks of the defendant railroad at grade. The crossing was a private one, maintained for the accommodation of the Elliott farm. Permission to use the crossing was granted the contracting company by the railroad on condition that the company station a flagman there.

Austin S. Graton, Jr., the plaintiff’s intestate, was the driver of one of the trucks. He was…