U.S. Circuit Court for the District of Rhode Island November 15, 1823 (Hazard v. Robinson)

STORY, Circuit Justice.

Upon the facts in this case, two points arise: 1. Whether, assuming that originally the dam of the lower mill was rightfully erected as high as it now is, the subsequent lowering of it two feet in 1780, and keeping it in the same .state for thirty-eight years, is not an extinction of the privilege to raise it higher. 2.