DOCUMENT No. 33. 
BOARD OF 
ASSISTANT ALDERMEN, 
DECEMBER 21st, 1840. 
Report of the Committee on the Croton Aqueduct, on the Pe- 
tition of John M. Bradhnrst, for remuneration, for inju- 
ries done his property in the opening of the Tenth Avenue. 
Presented by Mr. Underwood. Adopted. 
Edward Patterson, Clerk. 
The Committee on the Croton Aqueduct, to whom was refer- 
red the petition of John M. Bradhurst for relief, respect- 
fully 
REPORT: 
That they have visited the premises occupied and owned Doc. No. 33. 
196 
by the petitioner; and find as stated by the petitioner, that 
the Commissioners^have regulated that part of the Avenue, 
which is occupied by the Aqueduct passing through his place, 
some fifteen or twenty feet above the present grade of the 
ground, or higher than would be graded for the purpose of a 
highway, and for which purpose only the petitioner, with 
reluctance, by the persuasion and advice of the Street Com- 
missioner, ceded said Avenue, some six or seven years since, 
at which time it was not known or suspected that the said 
Avenue would be occupied by the Aqueduct. And your 
Committee are satisfied that in consequence of such occu- 
pancy by the Commissioners, the petitioner has been, and is 
likely to be seriously damaged. First, from the high grade 
established to accommodate the Aqueduct, greatly impairing 
the value of his property, each side of .the Avenue, by leav- 
ing it some fifteen or twenty feet below such established 
grade-Secondly, by interposing an unsightly barrier be- 
tween his house and the river, and cutting him off from im- 
provements that have cost much labor and expenditure of 
money-Thirdly by subjecting him to great expense and 
vexation in maintaining his fences, and the loss of fruit, tec. 
by the labourers engaged on the work. 
Your Committee are satisfied that the petitioner has met 
with great injustice, first from the Commissioners for open- 
ing the Tenth Avenue, by assessing him in the sum of One 
Thousand and Fifty-two Dollars and Nineteen Cents/lifter 
he had ceded his land ; and, secondly, by the Water Com- 
missioners, in not allowing him such damages as he may 
have received in consequence of keeping their level grade, 
and which they would undoubtedly have had to do, had he 
not ceded his land to the city for another entire purpose, and 
to which your Committee think he is justly entitled. With 
these views, your Committee recommend the following reso- 
lution : 197 
Doc. No. 33. 
Rtsolved, That the Comptroller draw his warrant in fa- 
vor of John M. Bradhurst for the amount of his assessment, 
in the matter of opening the Tenth Avenue.^ 
DAVID VANDERVOORT, 
MOSES G, LEONARD, 
Committee.