SPALDING, J.
By this action of tort the plaintiff seeks to recover for injury to his land allegedly caused by the defendant's deflection of the current of a natural watercourse in such a manner as to scour out and carry away a portion of his land. The declaration originally contained two counts, but one was waived, and the case went to the jury on a count alleging the maintenance of a nuisance. There was a verdict for the plaintiff, which was taken under leave reserved...
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