
    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.  