In the Matter of the Application and Petition of J. Edward Simmons and Others, Constituting the Board of Water Supply of the City of New York, Appellants, etc., in the City of Yonkers, Westchester County, New York, for the Purpose of Providing an Additional Supply of Pure and Wholesome Water for the Use of the City of New York (Hill View Reservon, Section No. 2, Parcel No. 119). Empire City Trotting Company, Respondent

In the Matter of the Application and Petition of J. Edward Simmons and Others, Constituting the Board of Water Supply of the City of New York, Appellants, etc., in the City of Yonkers, Westchester County, New York, for the Purpose of Providing an Additional Supply of Pure and Wholesome Water for the Use of the City of New York (Hill View Reservon, Section No. 2, Parcel No. 119). Empire City Trotting Company, Respondent. [MAJORITY] Order of confirmation affirmed, with ten dollars costs and disbursements. No opinion. Hirschberg, Thomas, Woodward and Rich, JJ., concurred; Burr, J., dissented upon the ground that the evidence is not clear that the “ chute ” which it is claimed gives special value to this property as a race track was in existence when the title vested in the city. There is some evidence that it was constructed afterwards.