
    GRAFTON.
    Davis, Adm'r, v. Rumney.
    The act of 1887 (c. 71), relating to liability “ when the death of a person is caused by a wrongful act or neglect of another,” is applicable to a defect of a highway caused by the neglect of a town, by reason of which a traveller is killed.
    Case, upon Gen. Laws, c. 75, s. 1, and Laws 1887, c. 71, for neglect, causing a defect in a highway, by reason of which the plaintiff’s intestate, a traveller, was thrown from his carriage and killed, in April, 1889. The defendants demurred, contending that the act of 1887 was not applicable to towns.
    
      Burleigh & Adams and D. Barnard, for the plaintiff,
    cited Clark v. Manchester, 62 N. H. 577, and Jewett v. Keene, 62 N. H. 701.
    
      E. Aldrich and I. W. Drew, for the defendants.
   Doe, C. J.

Demurrer overruled.

Carpenter, J., did not sit: the others concurred.  