If the stake and stones were upon the side of the road, the ruling of the court was sufficiently favorable to the defendant; if they were not, or if the jury could not find that they were, the ruling of the court was correct. White v. Godfrey, 97 Mass. 472. Peck v. Denniston, 121 Mass. 17. O'Connell v. Bryant, 121 Mass. 557. Dodd v. Witt, 139 Mass. 63. Gould v. Eastern Railroad, 142 Mass,. 85.

Exceptions overruled.