Opinion
Argued February 11, 1929
Decided March 19, 1929
Appeal from the Supreme Court, Appellate Division, Third Department.
Albert A. Kraus, W. Harry Sefton and George D. Yeomans for appellant.
Hamilton Ward, Attorney-General ( E.C. Aiken of counsel), for respondent.
Order affirmed, with costs. Held, that the employer did not have notice of the accident within thirty days after the happening thereof but that the evidence sustains the finding that it was not prejudiced by the failure to serve written notice of injury within the statutory period.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.