In an action by a traveller against a town for injuries from a defective highway, a motion for a nonsuit for want of notice of the defect is properly denied, if there is evidence tending to show that the town ought to have discovered and remedied the defect before the accident.
CHASE, J.
It might properly be found by the jury that such an obstruction, continuing about ten hours in such a street, would attract attention, and that, in the exercise of ordinary care, the defendants would have discovered and remedied it before the accident.
Judgment on the verdict.
CLARK, J., did not sit: the others concurred.