Pecor

Judgment was entered dismissing the action after and pursuant to an order sustaining demurrer to complaint. From the complaint it appears that the plaintiff received certain injuries while engaged in work for the defendant. The facts alleged are sufficient to show that the injury arose out of and in the course of the employment, although' there is no direct allegation to show this fact; and there is no attempt to state a cause of action based upon negligence of any kind.

By section 29a of the Workmen’s Compensation, Insurance and Safety Act of 1917 (Stats. 1917, p. 857), as amended and in force at the time of the accident referred to in the complaint', it was required that every employer (with exceptions not material here) shall secure the payment of compensation either by insuring against liability with an insurance carrier duly authorized therefor or by securing from the commission a certificate of consent to self insure. In subdivision (b) of said section 29 it is provided: “If any employer shall fail so to secure the payment of compensation, any injured employee or his dependents may proceed against such employer by filing an application for compensation with the commission,…