Majority
p. 912Herman 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.