Opinion
November, 1919.
Decision amended to read as follows: Judgment unanimously affirmed, with costs. Opinion by Cochrane, J. [See 189 App. Div. 286, 296.] The court disapproves of any finding to the effect that the river at the location of the plaintiff's dam is not navigable in fact, and finds as a fact that the river at that place is and was navigable in fact and in law.