Opinion
May Term, 1903.
Present — Goodrich, P.J., Bartlett, Woodward, Jenks and Hooker, JJ.
The proceedings in this case should be stayed pending an appeal to the Court of Appeals so far as the judgment would operate to compel the appellant to take down the dam, provided, however, that in the meantime he allows the respondent to receive the water to which the judgment entitles him. An order may be made accordingly, the form thereof to be settled on motion before Mr. Justice Bartlett.