Judgment of the Special Term modified by adding these words to the last paragraph but one thereof: “ But nothing herein contained shall be construed so as to require the defendant to reduce the height of his dam more than eight (8) inches,” and the judgment as thus modified is affirmed, without costs to either party ; no opinion.

Concur: Cullen, Oh. J., Gray, Haight, Vann,’Werner and Willard Bartlett, JJ. Not sitting: Hiscook, J.