Legal Opinion

In re Bensel

New York Supreme Court

Decided July 20, 1910PublishedCited by 1 opinion

In the matter of the application and petition of John S. Bens el 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 under Laws 1905, c. 734, and acts amendatory thereof, in the- town of Hurley, Ulster county, N. Y., for the purpose of providing an additional supply of pure and wholesome water for the use of the city of New York.

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In the matter of the application and petition of John S. Bens el 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 under Laws 1905, c. 734, and acts amendatory thereof, in the- town of Hurley, Ulster county, N. Y., for the purpose of providing an additional supply of pure and wholesome water for the use of the city of New York. Heard on application for an order settling the amount of fees, costs, and disbursements of commissioners of appraisal, George W. Batton and others, for Ashokan Reservoir, section 15. On…

1Opinion of the CourtLe Boeuf, J.

I have read with much interest the volume of opinions of justices of this court on the question of Ashokan dam allowances. The literature on the subject appears to be complete in range and forcible in expression. I have no desire, except in one respect, to add anything to it.

The practice disclosed in this case of moving for confirmation of commissioners’ reports before one judge and applying to another to fix the commissioners’ compensation is not to be- commended. The result is, as here, that full knowledge of the services rendered by the commissioners is not available in passing upon the…

2Cited by1 opinion

  1. In re BenselAppellate Division of the Supreme Court of the State of New York · 1910

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