Appellate Division of the Supreme Court of the State of New York December 30, 1910 (Matrusciello v. Milliken Bros.)

Jicnks, J.:

The servant Was dismissed at the- close of his, case against his master, on the ground that he had not made out a case- under the Employers’ Liability Act, or. Under the common law. The learned trial court also held that the- notice served under the said act was insufficient,' although we had by a divided court, held' otherwise (129 App. Div. 661). .