125 Va. 255 | Va. | 1919
delivered the opinion of the court.
This action was brought by the defendant in error, an infant under thé age of sixteen years, who sued by his next friend, against the plaintiff in error, a corporation engaged in the manufacture and sale of sash, blinds, doors, and a general wood manufacturing business, to recover damages for a personal injury received by the plaintiff while in the employment of the defendant, resulting in the loss of the fingers of his right hand, which were cut off by a rip-saw, or cutoff-saw, operated by the defendant and alleged to have been occasioned by its negligence. The trial resulted in a .verdict for the plaintiff for $8,000, upon which the judgment under review was rendered.
In the case of the Standard Red Cedar Chest Co. v. Johnson C. Monroe, post, p. 442, 99 S. E. 589, an infant suing by his next friend, in which an opinion was handed down at the present term, a recovery was sustained in a motion under the child labor law by the plaintiff, a child under the age of fourteen years, for a similar injury. The differentiating features of the two cases arise from the inequality in the ages of the plaintiffs. Monroe was under fourteen years of age, and consequently his action was brought under the first section of the act (Laws 1914, c. 889), while' Loving’s Case, he being between the ages, of fourteen and sixteen, is controlled by and involves the construction of the third section. If, however, we shall be of opinion that, according to the correct interpretation of section 3, as applied
The trial court has correctly resolved these fundamental questions in favor of the plaintiff, and fairly and fully submitted the case to the jury upon the law. And the evidence being sufficient to sustain the verdict, this court would not be warranted in reversing the action of the trial court in overruling the motion of the defendant to set aside the verdict and in rendering judgment thereon for the plaintiff.
Affirmed.