38 A.2d 436 | Conn. | 1944
The plaintiff brought this action to recover damages for injuries claimed to have been caused by the negligence of the defendant, his employer, and has appealed from a judgment in favor of the latter. The trial court predicated its judgment upon a special defense to the effect that, as the defendant had five or more employees and the plaintiff's injuries were within the provisions of the Workmen's Compensation Act, there was no liability to the plaintiff except under the terms of the act. The correctness of that ruling is the sole question before us.
The act provides that, whenever the relationship of employer and employee exists within its provisions, "the employer shall not be liable to any action for damages on account of personal injury sustained by an employee arising out of and in the course of his employment or on account of death resulting from personal injury so sustained." General Statutes, 5226. In this case the plaintiff was only fifteen years and four months old at the time of the injury and he was employed, when he was injured, in violation of 1320e of the General Statutes, Cumulative Supplement, 1939, which prohibits the employment of minors under sixteen years of age in certain occupations. We have held that a minor under that age, even though employed in *159
violation of the statute, is an employee within the terms of the Workmen's Compensation Act; Kenez v. Novelty Compact Leather Co.,
There is no error.
In this opinion the other judges concurred.