Stocker v. Boston & Maine Railroad

It is not a matter of law that the train’s speed was inexcessive. While the crossing was private, the defendant maintained it as public. Thus holding it out, it might not say to travelers assuming and relying on it as public that its duties to them were to be otherwise measured. Considering the lack of special protection at the crossing, the usual extent and character of use of the crossing by the public on Sunday afternoons, and such limitations of visible notice of an approaching train as might be found, even assuming the statutory signals by whistle and bell were given, it might reasonably…