| Mass. | Sep 15, 1869
The authorities cited by the defendant’s counsel do not sustain the position that the plaintiff was under the necessity of seeking any part of his remedy by going upon the defendant’s land and abating the nuisance caused by the obstructions which the defendant had there placed in the ditch He had a right to elect his remedy by action at law, and thereby recover all the damages which the nuisance had occasioned to him., Exceptions overruled.