Dean v. Benn
23 N.Y.S. 708
N.Y. Sup. Ct.1893Check TreatmentIt 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.