Chipman v. Cramer

Lawrence, S. C. C.

This motion is predicated on the theory that there are certain issues involved in the present suit which are pure matters of law and may be settled before trial, thus eliminating some of the defenses pleaded in defendant’s answer. Rules 40 and 94 of the Supreme Court are invoked.

The plaintiff Kenneth Chipman, a boy fourteen years of age, was employed by defendant to assist the driver of his milk truck in making daily retail deliveries. The hours of work were from two a. m. to eight a. m. each day, including *179Sunday. On September 28th, 1937, the boy was injured as the result…