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Jongebloed v. Erie Railroad

296 N.Y. 912 Court N.Y. Decision date 1947-02-28 English

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p. 912
Herman C. Jongebloed, as Administrator of the Estate of Kathryn Jongebloed, Deceased, Appellant, v. Erie Railroad Company, Respondent.
Submitted February 17, 1947;
decided February 28, 1947.
William H. Timbers and Cleveland C. Cory for motion.
Arthur A. Beaudry opposed.

Motion to dismiss appeal denied, with $10 cost's. While no constitutional question was urged at the Trial Term, it is sufficient for our jurisdictional purposes that, as here, a substantial constitutional question was properly presented to the Appellate Division and was necessarily involved in its decision.