Opinion
Argued October 21, 1937
Decided November 23, 1937
Appeal from the Supreme Court, Appellate Division, Third Department.
James D. Ewing and William G. Birmingham for appellant.
Ellsworth Baker and Hyman E. Mintz, for respondent.
Judgment affirmed, with costs. Even if there were error in the form of the two specific questions submitted to the jury such error does not constitute reversible error when the charge as a whole is considered. No opinion.
Concur: CRANE, Ch. J., HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ. Dissenting: LEHMAN and O'BRIEN, JJ.