If a railroad, having the right to cross a highway, does not leave it reasonably safe, and a person is injured thereby, the town may be held liable.
BINGHAM, J.
If a railroad company, acting under their charter, create an obstruction in a highway by which a traveller sustains damage, the town is answerable as if the same acts had been done by an individual. Willey v. Portsmouth, 35 N.H. 313; Elliot v. Concord, 27 N.H. 204, State v. Dover, 46 N.H. 452; Bacon v. Boston, 3 Cush. 179; Eyler v. Co. Com'rs, 49 Md. 257; Watson v. Tripp, 11 R.I. 98.
Judgment on the verdict.
SMITH, J., did not sit: the others concurred.