The court are of opinion that these exceptions cannot be sustained. It does not appear that the injury to Mrs. Shepherd was occasioned by the alleged defect in the way. But taking the view most favorable to the plaintiffs, it is very clear that the accident happened in part from the unlawful or careless act of a third person, and so the case comes within Rowell v. Lowell, 7 Gray, 100, and Kidder v. Dunstable, Ib. 104.

Exceptions overruled.