Hillestad v. Industrial Insurance Commission

Citations

• 80 Wash. 426
• 141 P. 913

Syllabus

<p>Master and Servant—Relation—Workmen's Compensation Act —“Workman.” The relation of master and servant does not exist between father and son, within the meaning of the workmen’s compensation act, 3 Rem. & Bal. Code, § 6604-3, defining a “workman” as every person engaged in the employment of an employer carrying on specified industries, and Id., § 6604-4 providing that in computing the payroll, there shall be included the entire compensation of every workman, whether payable in the form of salary, wage, piece work, . . . money, board or otherwise,” where it appears that a son, thirteen years of age, who desired to go to work in his father’s shingle mill as a packer, was allowed to go to work driving shingle bolts on a creek on the promise that later he could have the packer’s job, there being nothing said about compensation; since, in the case of father and minor child, there must be clear proof of a contractual relation.</p> <p>Same—-Relation—Lawful Employment—-Workmen’s Compensation. To obtain compensation under Rem. & Bal. Code, § 6570 of the workmen’s compensation act, prohibiting the employment of persons under fourteen years of age, without permission of the superior court, it is incumbent upon the claimant to show that a child under fourteen years of age was employed lawfully; and, in the absence of proof of permission, violation of the law will be presumed.</p> <p>-Same—Relation—Employment—Workmen’s Compensation Act. Under Rem. & Bal. Code, § 6570, providing that no person under fourteen years of age shall be “hired” out to labor in any factory, mill, workshop, or store,” the statute is violated and no recovery can be had under the workmen’s compensation act, where a boy of thirteen was drowned in a creek about eighty .rods from a shingle mill, while engaged in driving shingle bolts to the mill; since the creek was in a sense a part of the machinery of the mill, as a conveyor, and the boy was engaged “in the mill” to the same extent that he would have been