Majority
p. 630Eugene A. Johnson, Appellant, v. The Long Island Railroad Company, Respondent.
Motion to resettle order and certify quest-ions granted, and questions certified as follows : 1. Has the plaintiff in this action any legal capacity to sue? 2. Is there a defect of the parties plaintiff in this action in that the members of the alleged Montauk tribe of Indians are not .made parties plaintiff? 3. Does the complaint herein state facts sufficient to constitute a cause of action?