Tedder,  1  Den.  257;  Beclcwith  v.  6'riSM)(?^<:?,  29  Barb.  291 — and
successive  actions  will  lie.  Phillips  v.  Terry,  3  Keyes,  313.  An
action  lies  for  a  nuisance  affecting  vacant  lands  to  tlie  detriment  of
their  value.  Buokman  v.  Green,  9  Han,  225.  The  fact  tliat
plaintiff  for  one  or  two  winters  took  ice  from  a  dam  built  by  de-
fendant, the  waters  of  which  became  stagnant  and  a  nuisance,  does
not  constitute  such  an  acquiescence  in  the  continuance  of  the  dam
as  to  estop  her  from  claiming  that  it  was  a  nuisance,  especially  after
i's  effects  were  more  clearly  discovered.  Adams  y.  Popham,  76  N.
Y.  410.
SUPREME  COURT  — Ulster  County.
Patrick  Furlong

agst.
William  H.  Townsend.
