Treat

— This action is one in which the appellants alleged that they were the parents of a minor eighteen years of age, who was employed by the defendant corporation, and while so employed received injuries which resulted in his death. It is expressly stated that “plaintiffs were not at the time dependent either in part or in whole upon the earnings of said deceased for their support.” A demurrer to the complaint was interposed, which was sustained, and appeal is taken from the judgment in favor of the defendant thereafter rendered upon such ruling.

The principal point made by the appellants is that only employees and their dependents are within the scope of the Workmen’s Compensation, Insurance and Safety Act, and that the plaintiffs herein are therefore entitled to sue and recover under section 376 of the Code of Civil Procedure. Several reasons are urged in support of this position, and it is also seriously argued that any law which would compel employers without fault to pay benefits to nondependents would be unconstitutional, as beyond the police power; so, also, that such provisions of the Workmen’s Compensation Act which purport to take away any right of action for wrongful…