Bennett v. Cupina

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. As a result of these improvements, the grade has been reversed and the surface water now flows down the slope of the school yard into the driveway, thence on to plaintiff’s property and has damaged it. Plaintiff…