Majority
p. 919
In the Matter of the Application and Petition of John A. Bensel and Others, Constituting the Board of Water Supply of the City of New York, to Acquire Real Estate for and on Behalf of the City of New York, etc., in the Towns of Mount Pleasant and Greenburgh, Westchester County, New York, for the Purpose of Providing an Additional Supply of Pure and Wholesome Water for the Use of the City of New York, Appellant. James McCullough and Others, Respondents (Southern Aqueduct Department, Sections Nos. 15 and 17).
Order affirmed, with ten dollars costs and disbursements. No opinion. Hh-schberg, Woodward and Rich, JJ., concurred; Jenks, P. J., and Burr, J.. dissented, upon the ground of error in overruling the objection to the question appearing at folios 1439-1437 of the record, and upon the further ground that in estimating the consequential damages the commissioners have treated the entire tract as if used for residential purposes, whereas the evidence discloses that the greater portion thereof is not thus used.