
    UPPER NEW YORK CITY WATER CO., Appellant, v. GIBNEY et al., Respondents.
    (Supreme Court, Appellate Division, Second Department.
    January 18, 1898.)
    Action by the Upper New York City Water Company against .John R. Gibney and others.
   No opinion. Judgment modified by striking therefrom the adjudication that nó public use requires the talcing of ■the land in controversy, and, as thus modified, judgment affirmed, without costs of this appeal •to either party.  