[249 U.S. 152, 153] Mr. Charles B. Braun, of Waco, Tex., for plaintiff in error.

Messrs. Harry P. Lawther and Alexander Pope, both of Dallas, Tex., for defendant in error.

Mr. Justice PITNEY delivered the opinion of the Court.

Alleging that in the month of December, 1913, he was in the employ of the Texas Power & Light Company in the [249 U.S. 152, 154] state of Texas, and while so employed received serious personal injuries through the bursting of a steam pipe due to the negligence of his employer and its agents, Middleton sued the company in a district court of that state to recover his damages. The defendant interposed an answer in the nature of a plea in abatement setting up that at the time of the accident and at the commencement of the action defendant was the holder of a policy of liability and compensation insurance, issued in its favor by a company lawfully transacting such business in the state, conditioned to pay the compensation provided by the Texas Workmens Compensation Act, which was approved April 16, 1913, and took effect on the 1st day of Sep