
    Coös,
    Dec. 2, 1919.
    John T. Quinn, Adm’r, v. Gorham.
    Case, transferred from the April term, 1919, of the superior court by Branch, J., on an agreed statement of facts.
    
      Sullivan & Daley and Harry G. Noyes (Mr. Sullivan orally), for the plaintiff.
    
      Drew, Shurtleff, Morris & Oakes, Alfred R. Evans and Jesse F. Libby (Mr. Oakes orally), for the defendant.
   Per Curiam.

This is an action for the death of the plaintiff’s intestate caused by his being thrown over a defectively railed embankment while a traveler upon a state-aided highway. The accident occurred in August, 1914. The court dismissed the action, and the plaintiff excepted. In view of the decisions in Grace v. Belmont, 78 N. H. 112 and in Kelsea v. Stratford, ante, 273, the exception must be overruled.  