Judgment affirmed, with costs. All concurred, except Kruse, J., . who dissented upon the ground that what the plaintiff did in diverting the waters of the stream while acting as water commissioner for the village does, not preclude him from asserting and enforcing the right which he subsequently-acquired under his deed of conveyance to have the waters of; the stream run in the original channel across the lands in question, and except Robson, J., not f voting.