Morgan v. Robacker

Appeal from an order of the Supreme Court at Special Term, in Chemung County dismissing the complaint as insufficient, upon its face, to state a cause *638of action. The complaint alleges that plaintiff was injured while in the employ of defendant and defendant’s intestate, that such employers had failed to effect workmen’s compensation insurance covering plaintiff and that by reason of plaintiff’s injuries he sustained damages in an amount stated. The complaint contains no allegation of negligence and appellant contends that none is necessary. By section 10 of the Workmen’s Compensation Law,…