[No.  10,046.    Filed  January  11,  1918.]

1.  Master  and  Servant. — Workmen^a  Compensation  Act. — Injury
to  Servant. — Notice. — When  Necessary. — ^Under  §22  of  the  Work-
men's Compensation  Act,  Acts  1915  p.  392,  requiring  every  injured
employe  or  his  representative,  immediately  upon  the  occurrence
of  an  injury,  or  as  soon  thereafter  as  practicable,  to  give  the
employer  written  notice,  and  providing  that  the  employe  shall  not
be  entitled  to  physician's  fees  or  compensation  which  may  have
accrued  prior  to  the  giving  of  the  notice,  imless  It  can  be  shown
that  the  employer,  his  agent,  or  representative  had  knowledge  of
the  injury,  but  no  compensation  shall  be  payable  unless  the  writ-
ten notice  is  given  within  thirty  days  after  the  injury,  unless
reasonable  excuse  is  made,  and  §23,  requiring  notice  to  be  given
personally  to  the  employer  or  any  of  his  agents  upon  whom  a


NOVEMBER  TERM,  1917.  401

Hornbrook-Price  CJo.  v.  Stewart— 66  Ind.  App.  4O0i

summons  in  a  civil  action  may  be  seryed  under  the  laws  of  the
state  or  to  be  sent  to  the  employer  by  registered  letter,  knowl-
edge of  an  injury  on  the  part  of  the  foreman  under  whose  direct
and  immediate  supervision  claimant  worked,  and  on  the  part  of
the  factory  superintendent,  who  had  general  supervision  of  the
plant,  within  twenty-four  hours  after  the  accident,  was  imputable
to  the  employer,  so  that  it  was  not  necessary,  to  excuse  the  failure
to  give  written  notice,  that  knowledge  of  the  injury  should  be
brought  to  the  attention  of  some  agent  or  representative  upon
whom  summons  in  a  civil  action  could  be  served,    p.  403.
