Our decision must not be taken as an approval of finding 21 of the trial justice, that Peter Townsend and his successors have the right to flow back and drown the land by the waters of Mombasha lake by reason of a succession of raises in the height of the dam. We leave this question open.

The judgment in each action should be affirmed, with costs.

Pound, Ch. J., Crane, Lehman, Kellogg, O’Brien, Hubbs and Crouch, JJ., concur.

Judgments affirmed.