Legal Opinion

American Car & Foundry Co. v. Armentraut

Illinois Supreme Court

Decided February 21, 1905PublishedCited by 62 opinions

Appear from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. Charres T. MoorE, Judge, presiding. This was an action of trespass on the case, brought in the circuit court of Madison county by Koss Armentraut, a minor, by his next friend, against the American Car and Foundry Company, to recover damages for a personal injury to the plaintiff, inflicted upon him while working for the defendant.

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Appear from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. Charres T. MoorE, Judge, presiding. This was an action of trespass on the case, brought in the circuit court of Madison county by Koss Armentraut, a minor, by his next friend, against the American Car and Foundry Company, to recover damages for a personal injury to the plaintiff, inflicted upon him while working for the defendant. The declaration consisted of one count, which alleged that the plaintiff was under the age of fourteen years, and that his…

1Opinion of the CourtJustice Scott

delivered- the opinion of the court:

This action is brought under section 33 of chapter 48, Hurd’s Revised Statutes of- 1903, which provides: “That no child under the age of fourteen years shall be employed, permitted or suffered to work for wages at any gainful occupation hereinafter mentionedand working in a manufacturing establishment is among the occupations thereafter mentioned in that statute.

It is urged that the court should have directed a verdict, because the evidence failed to show that the plaintiff was in the exercise of ordinary care for his personal safety at the time of the…

2Cases cited2 opinions

  1. McCutcheon v. PeopleIllinois Supreme Court · 1873
  2. Hamer v. PeopleIllinois Supreme Court · 1903

3Cited by62 opinions

  1. Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
  2. Leathers v. Blackwell Durham Tobacco Co.Supreme Court of North Carolina · 1907
  3. Platt v. Southern Photo Material Co.Court of Appeals of Georgia · 1908
  4. Purtell v. Philadelphia & Reading Coal & Iron Co.Illinois Supreme Court · 1912
  5. Inland Steel Co. v. YedinakIndiana Supreme Court · 1909

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