The judgment under review herein should be affirmed, for tlie reasons expressed in the opinion delivered by the Chief Justice in the Supreme Court; reserving, however, any expression as to the rights of an unborn child not within the *330 statutory provision. See Stemmer v. Kline, 128 N. J. L. 455.

For affirmance — The Chancellor, Parker, Case, Donges, Perskie, Porter, Dear, Hague, Thompson, Dill, JJ. 10.

For reversal — Heiier, Wells, Raeeerty, JJ. 3.