Majority
p. 711In the Matter of the Claim of Henry W. Ridout, Respondent, against Rogers & Hagerty, Incorporated, Appellant. State Industrial Commission, Respondent. (Argued November 12, 1918; decided November 26, 1918.)
Headnote
Ridout v. Rogers & Hagerty, Inc., 185 App. Div.-, affirmed.Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 11, 1918, which affirmed an award of the state industrial commission made under the Workmen’s Compensation Law. The claimant. was in the employ of Rogers &■ Hagerty, and while engaged in laying brick work in a sewer in the city of New York was injured by an explosion in the sewer. He filed an election to sue a third party, reserving, however, to himself and his dependents all rights and remedies under the Compensation Act. He did sue the third party but, it appearing on the trial that he could not recover, the action was discontinued and application made for compensation. The question was as to whether the
p. 712
notice of election reserving the rights and remedies under the Compensation Law was a sufficient filing of claim.
Jeremiah F. Connor for appellant.
Ralph G. Barclay for claimant, respondent.
Merton E. Lewis, 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.