New York Court of Appeals May 6, 1930 (Bennett v. Cupina)

O’Brien, J.

The lands of plaintiff and defendants adjoin. Originally, plaintiff’s ground was the higher and the natural flow of surface water settled on defendants’ property. Later, the predecessors of defendants, as trustees of a school district, erected a schoolhouse, filled in and graded their grounds and reconstructed and elevated a driveway on their own premises abutting plaintiff’s land.