
    In re PONFIELD ROAD IN VILLAGE OF BRONXVILLE.
    (Supreme Court, Appellate Division, Second Department.
    March 28,1913.)
    In the matter of the widening of a portion of Ponfield Road, in the Tillage of Bronxville.
   PER CURIAM.

Order of the County Court of Westchester County reversed, and proceedings remitted to said court to appoint new commissioners of appraisal, with costs to the appellants to abide the event of the proceedings. The commissioners of appraisal have proceeded upon an erroneous theory, in that they have deducted from the actual value of the land taken, which belonged to claimants, the amount of the supposed benefit to other lands belonging to them by reason of the improvement. Unless the provisions of Tillage Law (Laws 1909, c. 64 [Consol. Laws 1909, c. 64]) § 152, relating to compensation, are limited to consequential damages resulting to a portion of a tract not taken, and are not applied to actual damages for land actually taken, such act would be unconstitutional. In re City of New York, Consolidated Gas Co., 190 N. Y. 350, 83 N. E. 209, 16 L. R. A. (N. S.) 335; In re Forty-Eighth Street, 19 App. Div. 602, 46 N. Y. Supp. 311; Manhattan Ry. Co. v. Stuyvesant, 126 App. Div. 848, 111 N. Y. Supp. 222; In re Commissioner of Public Works, 135 App. Div. 561, 120 N. Y. Supp. 930, affirmed 199 N. Y. 531, 92 N. E. 1081; In re City of New York, Johns-Manville Co., 143 App. Div. 517, 128 N. Y. Supp. 12.  