The accident to the plaintiff did not happen within the limits of a highway which the defendant was bound to keep in repair. The Pub. Sts. c. 49, § 95, have no application to the case. The cases of Stockwell v. Fitchburg, 110 Mass. 305, and Sullivan v. Boston, 126 Mass. 540, conclusively show that, for these reasons, the plaintiff cannot maintain this action.

Exceptions overruled.