George R. Psota, an Infant, by Joseph Psota, His Guardian ad Litem; Rosalie Psota, an Infant, by Joseph Psota, Her Guardian ad Litem, and Joseph Psota, Respondents, Appellants, v. Long Island Railroad Company, Respondent. Antoinette D. Andrews, Appellant

George R. Psota, an Infant, by Joseph Psota, His Guardian ad Litem; Rosalie Psota, an Infant, by Joseph Psota, Her Guardian ad Litem, and Joseph Psota, Respondents, Appellants, v. Long Island Railroad Company, Respondent. Antoinette D. Andrews, Appellant. [MAJORITY] Judgment and orders unanimously affirmed, with costs. If the chauffeur, Nash, was using the car without the owner’s permission, express or implied, that, in our opinion, would be a good defense to the action; but the ease does not present any such question. While counsel for defendant made an effort to present facts to meet that defense, hi questions were not in proper form, and were properly excluded. Present — Kelly, P. J., Manning, Young, Lazansky and Hagarty, JJ.