The judgment of the Appellate Division should be modified to eliminate any adjudication as between the plaintiffs of riparian ownership or water rights in the pool above the dam, and as so modified affirmed, without costs.

Crane, Ch. J., O’Brien, Hubbs, Loughran and Finch, JJ., concur; Lehman and Crouch, JJ., dissent from so much of the decision as holds that the water power of the Peck Mill opening is confined to the amount of water necessary to operate a two-saw mill.

Judgment accordingly.