Nathan Ginsberg, a Minor by Sam Ginsberg, His Father and Next Friend v. Coca-Cola Bottling Co., of Chicago, Inc.

KNOCH, Circuit Judge.

This action was brought to recover damages for injuries to a minor, under the age of 16 years, allegedly sustained through the negligence of the defendant, his employer. Plaintiff asserts (inter alia) that he was illegally employed in that no employment certificate was secured as required by § 9 of the Child Labor Act, 1 and hence he was entitled to reject the benefits of the Workmen’s Compensation Act of Illinois. 2

Defendant moved to dismiss the action on the ground that facts stated in the complaint show that plaintiff was lawfully employed during school vacation period…