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.