¶1It seems to me that plaintiffs acquiesced in the erection of the dam to such a height as to cause the damage, and that such acquiescence, together with their silence at the time of the exchange of the deeds mentioned in the eighteenth finding of fact, should prevent a recovery by them. I see no occasion for another opinion. It was sufficiently discussed by Judge Tappan. See, also, Pom. Eq. Jur. §§ 816-818. All concur.
23 N.Y.S. 708
Dean v. Benn
Decided May 9, 1893
New York Supreme Court · decided 1893-05-09
Action by Luther L. Dean and others against William J. Benn and another for damages for maintaining a dam at a certain height, and also asking that the dam be lowered. From a judgment for defendants, plaintiffs appeal.
Affirmed · Decided 1893-05-09