
    WARRINE, Appellant, v. EAGLE WAGON WORKS, Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    March 10, 1909.)
    Action by Joseph Warrine against the Eagle Wagon Works.
   PER CURIAM.

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.

KRUSE, J.,

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.  