Knowlton Bros. v. New York Air Brake Co.

The plaintiff on this motion for reargument contends that our decision of the questions discussed in the opinion of the court (169 App. Div. 324) does not necessarily require a reversal of the judgment. While it is true that we might have undertaken to make a final judgment in the case, it did not seem proper to do so.

*345The conclusions reached by the learned referee to the effect that the owners on the south channel had acquired by prescription and the covenant against hydraulic works on the east end of the island the right to divert into the south channel all the waters of the north channel,…