
    In the Matter of the Claim of Thomas Sanders, Respondent, v. National Biscuit Company et al., Appellants. State Industrial Commission, Respondent.
    
      Sanders v. Natl. Biscuit Co., 186 App. Div. 930, affirmed.
    (Argued February 25, 1919;
    decided March 11, 1919.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 9, 1918, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The claim was for loss of an eye through injury thereto from a chip from' a sledge hammer which claimant was using in the course of his employment. The appellants contended that written notice of the injury was not given within ten days. The industrial commission excused the failure to give written notice on the ground that it appeared that verbal notice was given to the foreman to whom it was proper to report accidents.
    
      Bertrand L. Pettigrew and Walter L. Glenney for appellants.
    
      Charles D. Newton, Attorney-General (E. C. Aiken of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ.  