
    In re BENSEL et al.
    (Supreme Court, Appellate Division, Second Department.
    February 28, 1913.)
    In the matter of the application and petition of John A. Bensel and others. Southern Aqueduct Department: sections Nos. 15 and 17.
   PER CURIAM.

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

JENKS, P. J., and BURR, J.,

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.  