
    Fedar Kopances, Respondent, v. Ocean Steamship Company of Savannah, Appellant.
    
      Kopances v. Ocean Steamship'Co. of Savannah, 175 App. Div. 932, affirmed.
    (Argued December 10, 1918;
    decided January 7, 1919.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 5, 1916, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by-plaintiff through the negligence of defendant, his employer. The action was brought under the provisions of the Employers’ Liability Act as amended by chapter 352 of "the Laws of 1910. Plaintiff, while working as a longshoreman at pier 35, North river, in the borough of' Manhattan, sustained injury as a result of defendant negligently causing and permitting a heavy gangplank or skid to be dropped upon his feet, while he was in a position which prevented his removing to a place of safety when the plank was about to be dropped.. Defendant contended that the claim asserted on the trial and upon which the plaintiff was allowed to go to the jury was essentially different from that presented in the notice of claim served.
    
      Herbert Barry and John W. Farquhar for appellant. .
    
      Sydney A. Syme for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Cardozo, Pound and Andrews, JJ.  