Spaguis v. American Locomotive Co.

The above-entitled actions have been brought under the employer’s liability article of the Labor Law (Consol. Laws, c. 31, §§ 200-204), and t'he complaints therein also state a cause of action at common law. In the Spaguis .Case, notice of injury was served July 10, 1913, and action was commenced July 11, 1913. In the Kalenda Case, such notice was served August 12, 1913, and action was commenced August 15, 1913. Defendant, by its third ■answer in the former case and by its second answer in the latter, alleges that the actions were commenced within eight days after service of notice of injury…