Massachusetts Supreme Judicial Court October 15, 1845 (Fuller v. French)

Shaw, C. J.

The plaintiff, being owner of land flowed by a mill dam, formerly recovered judgment for his annual damages, on his own complaint, against those who were then owners of the mill and dam. This is conclusive evidence of *362his right to recover of them or their successors, till the privilege is abandoned. French v. Braintree Manuf. Co. 23 Pick. 216. The case shoAvs no abandonment.