McCutchen v. Village of Peekskill

These actions are brought to recover damages sustained by reason of the flooding of plaintiffs’ premises in the village of Peekskill by the waters of McGregory brook, a natural stream running through the village, into which the defendant drained surface waters by means of sewers from an area conceded to be less than the natural drainage area of the brook. In 1905 the defendant, pursuant to a recorded agreement with plaintiffs’ predecessors in ownership of the property damaged, constructed over part of the brook adjacent to plaintiffs’ property a cover, upon which was constructed a public…