Warrine v. Eagle Wagon Works

Judgment and order affirmed, with costs. Held, that there was no liability at common law and that the case was properly ] submitted to the jury under the employer’s liability act (Laws 1902,’ p. 1748, c. 600); also that the notice prescribed by that act must be served before the commencement of the action.

dissents, upon the ground that \ service of notice under the employer’s liability I act simultaneously with the summons was a f compliance with that statute, and that errone- j ous rulings upon that question and others were made in submitting the case to the jury, which/ require a reversal of the judgment.