The C. S. Holmes

(after stating the facts as above). [1] The appellee moves that the appeal be dismissed, for the reason that the appellant accepted the benefits of the decree appealed from, and thereby waived his right to review any portion thereof. The libel presented four causes of action. The first was to recover damages for the injury which the appellant received by reason of the accident; the second was to recover damages for the failure of the appellee to furnish proper medical and surgical treatment; the third was to recover the sum of $30, which the appellant paid for medical treatment; and the fourth was to recover the sum of $45, claimed to be due him for wages. The decree denied the appellant recovery upon the first and second causes of action, but awarded him payment of the sums claimed in the third and fourth causes of action. The decree was rendered on October 4, 1915, and on the same day the appellant served upon the appellee the following notice:

Two days later the appellant filed his petition' for allowance of his appeal, specifying that he appealed from the finding and.decree that he take nothing by reason of the damages suffered by him, as set out in the second cause of…