51 A.2d 696 | Pa. | 1946
This is an appeal from a judgment for defendant, upon an affidavit of defense raising question of law. *55 The question involved is whether an illegally employed minor and his parents may maintain an action in trespass for injury sustained by the minor in the course of his employment, where the minor entered into compensation agreements with the employer, with the consent and approval of the minor's parents and their counsel, and of the Workmen's Compensation Board, and where all monies have been paid pursuant to the terms of the agreements?
The minor, sixteen years old, was illegally employed by defendant in its bakery. On or about April 28, 1944, while feeding dough into a pretzel machine, his left hand became caught in the mechanism, causing the loss of his left index finger. On November 23, 1944, the minor and his employer, the defendant, entered into a written compensation agreement (later amended), approved by the minor's parents and their counsel and by the Workmen's Compensation Board. All payments have been made as provided for by the agreements. On March 28, 1945, the present action in trespass was instituted by the guardian of the minor, and the parents, to recover damages for the same injuries for which the minor has already received compensation. Judgment was entered for the defendant upon an affidavit of defense raising question of law, from which this appeal was taken.
We decided in Fritsch v. Pennsylvania Golf Club,
The judgment is affirmed.