Marshall

The plaintiff herein was employed as a nurse in a hospital owned and operated by the defendant and during the course of such employment was injured as a result of falling down a flight of stairs into the basement in one of the hospital buildings. At the time of the accident defendant had not complied with the requirements of the Workmen’s Compensation Act with respect to securing payment of compensation to injured employees, and consequently plaintiff, availing herself of the provisions of section 29 (b) of said act, brought this action for damages and recovered a judgment for $1,090, plus the sum of $250 attorney’s fees, from which judgment the defendant appeals.

Said section 29 (b) provides, in part as follows: “If any employer shall fail so to secure the payment of compensation, any employee or his dependents may proceed against such employer by filing an application for compensation with the commission, and, in addition thereto, such injured employee or his dependents may bring an action at law against such employer for damages, the same as if this act did not apply ... ”; and after granting to the employee the right of attachment and providing for the allowance of a…