Acklin Stamping Co. v. Kutz

Citations

• 98 Ohio St. (N.S.) 61

Syllabus

<p>Workmen’s compensation — Minor not employe, when — Section 1465-61, General Code — Illegal employment — Civil liability of employer — Common-law defenses — Section 1465-76, General Code — Fraud or misrepresentation by minor — Section 6245-2, General Code — ■Fañhire to safeguard machinery.</p> <p>1. The Workmen’s Compensation Act was enacted for the purpose of providing a state insurance fund for the benefit of injured and dependents of killed employes and requiring contribution thereto by employers. If the relation of employer and employe does not exist the provisions of the act have no application.</p> <p>2. A minor who is employed in violation of a statute enacted for the protection of children is not an employe within the meaning of that term as used in that act and as defined in Section 14 (Section 1465-61, General Code).</p> <p>3. In an action by such a minor for damages on account of personal injuries claimed to have arisen from the failure of the employer to comply with a lawful requirement for the protection of the lives and safety of employes, the provisions of Section 29 of that act (Section 1465-76, General Code) do not apply.</p> <p>4. In such an action the provisions of Section 6245-2, General Code, apply, and the defense of contributory negligence is not available to the employer unless he show by a preponderance of the evidence that there was fraud or misrepresentation on the part of the minor employe as to his age.</p>