If any person has agreed to repair or maintain such fence and neglects to do so, the railroad may rebuild the same and recover the expense of so doing of such person in an action on the case.
N.H. Rev. Stat. Ann. § 246:32
Neglect to Repair
Source
Official source: New Hampshire General Court. Reproduced from public-domain New Hampshire statutes; confirm against the official source for the current text. Not legal advice.