Opinion
Argued March 1, 1909
Decided March 16, 1909
Benjamin Scharps, David Scharps and Henry L. Scheuerman for appellant.
Frank E. Smith for respondent.
Judgment affirmed, with costs, on the ground that the negligence complained of was that of a fellow-servant in a detail of the work discharged by a fellow-servant. The court is of opinion that the notice under the Employers' Liability Act was served within the time prescribed by law; no opinion.
Concur: CULLEN, Ch. J., EDWARD T. BARTLETT, WERNER, WILLARD BARTLETT, HISCOCK and CHASE, JJ. GRAY, J., is of opinion that the notice was not served in time.