Hyperlawhypertext legal database In re Bensel 140 N.Y.S. 1110

← Cases

In re Bensel

140 N.Y.S. 1110 Court N.Y. App. Div. Decision date 1913-02-28 English

Decision Majority — PER CURIAM. · Dissent — JENKS, P. J., and BURR, J.,

Contents
p. 1110
In re BENSEL et al.
(Supreme Court, Appellate Division, Second Department.
February 28, 1913.)

Headnote

In the matter of the application and petition of John A. Bensel and others. Southern Aqueduct Department: sections Nos. 15 and 17.

Order affirmed, with $10 costs and disbursements. See, also, 139 N. Y. Supp. 1116 .

dissent, upon the ground of error in overruling the objection to the question appearing at folios 1429-1437 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.