DUNCAN, J.
In White v. Suncook Mills, 91 N.H. 92, the plaintiff sought to recover for personal injuries alleged to have been sustained because of the defendant's negligent maintenance of a structure in close proximity to a public highway. There was evidence that in using the public highway the plaintiff fell from a retaining wall at the top of a banking on the defendant's land, adjoining the highway. The question of the defendant's liability was considered...
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