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“Bill in equity to establish the right of the plaintiffs to a priority of use of the waters of Pawtucket river, &tc. The cause was argued at great length, at the last term, by Whipple and Webster for the plaintiffs, and by Cozzens and Searle for the defendants, at the last November Term, and continued for advisement to this term when the following opinion was delivered . . . Without going into the particulars of the bill (for in consequence of intervening deaths and devises, the cause is now before the Court upon a supplemental bill, in the nature of a bill of revivor), it is necessary to state, that the bill charges, that the owners of Sergeant’s Trench are entitled, as against the owners of the lower dam, only to what is called a waste-water privilege, that is, to a right to use only such surplus water, as is not wanted by the owners of the lower dam and lands for any purposes whatever.”

Case Citation

4 Mason 397