77 Ind. App. 116 | Ind. Ct. App. | 1921
This was a proceeding before the Industrial Board by appellee, who was the the father of Myrtle'Dolby, the deceased, against appellants to recover on account of physical care, and general nursing, and burial expenses of said decedent, it being claimed that her death resulted by reason of an accident arising out of and in the course of decedent’s employment by appellant Wasmuth-Endicott Company. The accidental injury charged was the taking of typhoid fever germs into the system, through the water supply furnished by the company, which resulted in decedent’s taking typhoid fever from which she died.
It appears by the evidence that Myrtle Dolby was born July 24, 1902. Her employment with appellant company commenced September 8, 1919, and continued until her death which was on March 8, 1920. She was therefore during all of the time of her employment, over the age of fourteen years and under the age of eighteen years.
Before we reach the discussion of the question as to the right of appellee to recover on the merits, in this proceeding, we are met by appellant association’s contention that the Industrial Board had no jurisdiction of appellee’s claim for the reason that the decedent Myrtle Dolby was not lawfully employed by appellant company.
Section 8022 Burns 1914, Acts 1899 p. 231, expressly requires that an affidavit shall be made by the parents or guardian showing the age, date and place of birth of a young person before such person can be lawfully employed. If there is no parent or guardian, then such
Upon the authority of the case of In re Stoner, supra, the award of the Industrial Board is reversed, with instructions to the board to dismiss the claim.