New England Box Co. v. Wood

Upon evidence assumed to be competent and sufficient, as no exception is taken because of its insufficiency on either ground, yit is found that the plaintiffs on March 27, 1898, owned the right to maintain their dam to the height of six and a half feet as they now claim, and to flow the land of the defendants by maintaining the dam at that height. On that date the dam was swept away by a freshet. The dam has not been rebuilt to its former height, and the question in controversy is whether the plaintiffs still own the rights of flowage owned and exercised by them in March, 1898.

As to the land…