Shea v. Town of Lexington

These cases were argued together. The first *364is an action to recover damages alleged to have been caused to certain lands of the plaintiffs in consequence of the construction and maintenance of a drain therein, the dumping of stone thereon and the discharge of surface water thereon through the drain. The answer is a general denial, and certain affirmative defences relative to the drain. Before the case was tried the defendant filed a motion to dismiss on the ground that the court had no jurisdiction since this is an action for trespass to land in Lexington and is, therefore, a local action.…