Opinion
Decided December 5, 1916.
ACTION, under Laws 1893, c. 59, for damages to one traveling upon a highway. Trial by jury. The court subject to exception instructed the jury that there was no evidence upon which they could find that the plaintiff's injuries were due to a dangerous embankment within the meaning of the statute. Transferred from the May term, 1916, of the superior court by Branch, J.
Robert W. Upton (by brief and orally), for the plaintiff.
Taggart, Burroughs, Wyman McLane, for the defendant. Mr. Wyman was present for argument, but was not called upon.
The question presented was decided in Wilder v. Concord, 72 N.H. 259.
Exception overruled.