
    In the Matter of the Claim of R. Finch, Respondent, against Buffalo Envelope Company et al., Appellants. State Industrial Board, Respondent.
    
      Workmen’s compensation — master and servant — notice — injury to toe causing infection resulting in loss of leg — failure to give written notice.
    
    
      Matter of Finch v. Buffalo Envelope Co., 218 App. Div. 31, affirmed.
    (Argued January 10, 1927;
    decided January 25, 1927.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered' September 13, 1926, affirming an award of the State Industrial Board made under the Workmen’s Compensation Law. Claimant, in the course of his employment, sustained an injury to one of his toes and thereafter, by reason of infection, his left leg was amputated below the knee. There was evidence that on the day of the accident claimant reported the accident to his foreman. The question was whether claimant’s failure to give written notice of injury as required by section 18 of the Workmen’s Compensation Law was properly excused.
    
      Clarence B. Tippett for appellants.
    
      Albert Ottinger, Attorney-General (E. C. Aiken of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews and Lehman, JJ. Not sitting: Kellogg, J.  