Nichols v. Smith's Bakery, Inc.

The action is by an administrator under the Homicide Act, Code 1923, § 5696.

At the conclusion of plaintiff’s evidence the trial court gave the affirmative charge for defendant.

The action is based upon the alleged wrongful act of defendant in that decedent, a boy 12 years of age, was “permitted or suffered” to work in and about the bread making plant of defendant in violation of the Child Labor Law, and as the proximate result, he fell through a skylight at the top of the building, landing upon a concrete floor about 45 feet below, receiving injuries from which he died.

Code, § 3494, forbids…