The opinion
Carton, J. A. D.
(concurring). I concur that the judgment should be affirmed. Plaintiff’s action was not brought *338 within the time prescribed by the rules and no manifest injustice compels a consideration on the merits. Indeed, equitable and public policy considerations point in the opposite direction inasmuch as no restraints were obtained pending appeal and in the meantime this public project has now been practically completed.