3116 ARTICLE 101.

Correct and incorrect prayers under this section and secs. 46 and 64. Intoxication
is only a defense if it is sole cause of the injury or accident resulting in injury. Re-
covery under this article is without regard to negligence and contributory negli-
gence is no defence. American Ice Co. v. Fitzhugh, 128 Md. 390; Baltimore Dry
Docks Co. v. Webster, 139 Md. 628.

Claimant must show not only that injury was sustained in course of employment,
but also that it arose out of his employment. The meaning of " arising out of and
in the course of the employment" must be largely determined in connection with
facts of each particular case (see notes to sec. 65). Where cause of death is in dis-
pute, a prayer asking court sitting as jury to rule that if it found from evidence
that decedent met his death as result of a fall occasioned by vertigo or a fit, then
verdict must be for defendant, etc., properly refused, inasmuch as such prayer does
not embrace a finding that injury was caused solely by such physical disability.
Cases reviewed. Balto. Dry Docks Co. v. Webster, 139 Md. 618.

A man carrying a message relating to a supply of coal for a railroad company's
use is not engaged in interstate commerce, and hence is subject to workmen's com-
pensation act. Cases reviewed. Hines v. Baechtel, 137 Md. 518.

As to meaning of the term " personal injury," see White v. Safe Dep. & Trust
Co., 140 Md. 600.

This section referred to in construing sec. 58—see notes thereto. Hagerstown v.
Schreiner, 135 Md. 654 (decided prior to act of 1920, ch. 456). And see Jirout v.
Gebelein, 142 Md. 698.

See notes to secs. 15, 36 and 54.

As to negligence causing death, see art. 67.

An. Code, sec. 15. 1914, ch. 800, sec. 15. 1916, ch. 597, sec. 15. 1920, ch. 456, sec. 15.

15. The employer shall secure compensation to his employees in one
of the following ways:

(1) By insuring and keeping insured the payments of such compensa-
tion in the State Accident Fund, or

(2) By insuring and keeping insured the payments of such compensa-
tion with any stock corporation or mutual association authorized to transact
the business of Workmen's Compensation Insurance in this State.

(3) Any such employer who does not, with the approval of said Commis-
sion, voluntarily insure the payment of the compensation by one of the
methods designated in the preceding paragraphs of this section, must
furnish satisfactory proof to the Commission of his financial ability to pay
such compensation himself, in which case the Commission may, at any time
and from time to time in its discretion require the deposit with the Com-
mission of securities such as are accepted by the Equity Courts of Baltimore
City for the investment of trust funds and in an amount or amounts to be
determined by the Commission, to secure the liability of the employer to
pay the compensation specified in this Article; and in order to be informed as
to the continued financial responsibility of any such employer the Com-
mission may require reports from him annually or at any such other times
as the Commission may deem necessary or advisable, and may examine such
employer under oath or make such other examination of his business as the
Commission may determine. If he should fail to furnish such satisfactory
proof, or give bond, or deposit such securities as required by the Commis-
sion, or if he should at any time fail to render satisfactory reports to the
Commission or otherwise satisfy the Commission of his continued financial
ability to pay the compensation himself, he shall be subject to the provisions
of the first paragraph of this section of this Article, and shall be required by
the Commission to insure as provided in the first paragraph of said this