Collings-Taylor Co. v. American Fidelity Co.

Citations

• 96 Ohio St. (N.S.) 123

Syllabus

<p>Contract of insurance indemnity — Employers’ liability—Damages for personal injury — Error—Evidence—Negligence—Employment restrictions as to minors — Age and schooling certificate—-Penalty for violation — Sections 7765, 7766, 12975 and 12994, General Code—Title to act of general assembly—Court construction of legislative intent.</p> <p>1. In an action to recover upon a contract of indemnity for money paid in satisfaction of a judgment rendered in an action brought by an employe against the insured for damages for personal injuries suffered in the course of his employment, where the defense is made that the injured workman was employed contrary to law, in violation of a specific condition written into the contract of indemnity, it is not error for the trial court to sustain an objection to the introduction in evidence of the record of the cause in which the judgment was obtained, offered by the defendant in support of this defense, where it appears from such record that the grounds of negligence upon, which the employe recovered the judgment for damages against the insured did not involve the legality of his employment.</p> <p>2. Sections 7765 and 7766, General Code, are the only laws of this state that provide for the issuing of an age and schooling certificate. Therefore, the phrase “the age and schooling certificate provided by law,” in Sections 12975 and 12994, General Code, necessarily means the age and schooling certificate authorized by the first named sections.</p> <p>3. Sections 7765 and 7766, General Code, authorize the issue of an age and schooling certificate as a condition precedent to the employment of a minor over 14 and less than 16 years of age, during the school term and while the public schools are in session. These sections do not authorize or require an age and schooling certificate during school vacation.</p> <p>4. Where the general assembly of Ohio expressly declares in the title to an act, that the purpose of such act is to make the laws on