The Seaboard Oil Co. v. Chalk

In an action to recover damages from the Seaboard Oil Company for the alleged maintenance of an alleged nuisance to the injury of the plaintiffs, the second count of the declaration was abandoned at the trial "together with the concluding lines of the declaration which read as follows:

" 'Hence this suit and Plaintiffs claim punitive damages, in the sum of Forty-Two Thousand ($42,000.00) Dollars.' "

The first count contains allegations that in December, 1924, "the plaintiffs were and * * * still are the owners as tenants in common and lawfully possessed of" described real estate in the City of…