Briggs v. Adams

This is an action of tort to recover damages alleged to have been sustained through a nuisance caused by the *263defendants,* in that they maintained a dike for the purpose of excluding the waters of the sea from certain low lands in Chelsea in such negligent manner that it gave way, whereby property of the plaintiff was injured. It is stated in the bill of exceptions that the plaintiff, “to prove defendant’s [defendants’] title, control and claim of ownership in the adjoining dike and surrounding premises, put in evidence its [their] answer as respondent [respondents] to the plaintiff’s petition…