Foreman

In this action plaintiff appeals from a judgment in favor of defendants after demurrer sustained to plaintiff’s amended complaint. The cause of- action attempted to be stated arises out of an injury received by plaintiff on March 18, 1913, while in the employ of defendant Lumber Company, which, at the time of the accident, was operating under the employer’s liability law of 1911, commonly known as the Roseberry Act. The defendant surety company was the insurer for the Lumber Company; and defendant Lohse was the physician employed by the two corporations to treat plaintiff for the injury received. Each of the defendants demurred generally and specially to the complaint. The brief of the corporation defendants contained a very able discussion of the nature and extent of the liability of an employer, at common law and under the Roseberry Act, for the negligence of a physician engaged by the employer to treat an injured employee; but inasmuch as the liability of the employer and its surety in such a ease is secondary to, and dependent upon, a showing of negligence on the part of the physician, it will not be necessary for this court to consider the questions above referred to, for the…