186 A.D. 556 | N.Y. App. Div. | 1919
The employee was injured on the 28th day of March, 1916, and died on account of such injuries March 21,1918. The employee failed to file a notice of injury, as required by sec- ' tion 18, but the claim was filed as required by section 28 of the Workmen’s Compensation Law.
Kelliher v. N. Y. C. & H. R. R. R. Co. (212 N. Y. 207), relied upon by the appellants, does not sustain their contention. There it was held that the action was.a purely statutory one, and that, by the terms of the statute, the right to recover against a person for wrongfully or negligently causing a death did not survive after the injured person had permitted the limitation imposed by the statute to expire. The statute we are construing has no such provision, but upon the contrary carries a different intent. The award should be affirmed.
Award unanimously affirmed.
See Consol. Laws, chap. 67 (Laws of 1914, chap. 41), §§ 18, 28. Since amd. by Laws of 1918, chap. 634.— [Rep.