*515 Judgment affirmed, with costs, on the ground that the negligence complained of was that of a fellow-servant in a detail of the work discharged by a fellow-servant. The court is of opinion that the notice under the Employers’ Liability Act was served within the time prescribed by law; no opinion.

Concur : Cullen, Oh. J., Edward T. Bartlett, Werner, Willard Bartlett, Hiscook and Chase, JJ. Gray, J., is of opinion that the notice was not served in time.