Dounce v. City of Elmira

Newtown creek is a natural stream flowing in a generally southerly direction through the eastern part of the city of Elmira into the Chemung river. A considerable portion of the area on either side of the creek within the city is, or was originally, low land over which in times of flood its waters spread. The premises of the respective plaintiffs are on the west side of the creek within the low lying area. On the eastern side of the creek the city owns a considerable tract of such low land, sometimes referred to in the record as “ City Farm.” Upon the eastern portion of its tract the city has…