Opinion
January 14, 1948.
Appeal from Workmen's Compensation Law.
Present — Hill, P.J., Heffernan, Brewster, Foster and Russell, JJ.
Claimant was injured during the course of his employment. Appellants assert however that he is barred by an election to bring a third party action and by his failure to prosecute the case. The evidence does not support this assertion. Award unanimously affirmed, with costs to the Workmen's Compensation Board.