City of Lowell v. Short

This case appears to us not to be distinguishable from the case of Lowell v. Boston & Lowell Railroad Corp. 23 Pick. 24. The defendant created the nuisance, and thereby exposed the plaintiff. The parties were not in pari delicto; they were not respectively chargeable in the same default. The claim of the plaintiffs, if they recover, must be limited to single damages only, according to the rule in the case cited. Exceptions sustained