Brenner v. Heruben
Wisconsin Supreme Court
Appeal from a judgment of the circuit.court for Dane county: E. Ray Stevens, Circuit Judge. Action to revifew an award of the Industrial Commission in favor of the defendant Peter Heruben, who was a minor under seventeen years of age and was injured while in the employ of the plaintiff without having a permit as required by sec. 1728a, Stats. 1917. The Commission awarded Heruben $925.64 damages under the schedule of the compensation act, and the further sum of $1,851.28…
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Appeal from a judgment of the circuit.court for Dane county: E. Ray Stevens, Circuit Judge. Action to revifew an award of the Industrial Commission in favor of the defendant Peter Heruben, who was a minor under seventeen years of age and was injured while in the employ of the plaintiff without having a permit as required by sec. 1728a, Stats. 1917. The Commission awarded Heruben $925.64 damages under the schedule of the compensation act, and the further sum of $1,851.28 increased compensation under the provisions of sub. 6, sec. 2394 — 9, which provides that “Compensation and death benefits,…
1DissentEschweiler, J.
The amendment to the workmen’s compensation act by ch. 624, Laws 1917, for the treble damages granted by the judgment therein, to my mind provides for a penalty and not compensation, is not germane to the purposes of the act, is violative of the plaintiff’s common-law and constitutional right to a trial by jury, and is therefore unconstitutional.
Plaintiff pays twice as much more than he otherwise would, not because the injury is greater, but because he has violated the penal provisions of a separate law regarding the employment of children, viz. sec. 1728a, Stats., a law applicable alike to…
2Cases cited17 opinions
- Borgnis v. Falk Co.Wisconsin Supreme Court · 1911
- Anderson v. Miller Scrap Iron Co.Wisconsin Supreme Court · 1919
- City of Milwaukee v. Industrial CommissionWisconsin Supreme Court · 1915
- Holt Lumber Co. v. Industrial CommissionWisconsin Supreme Court · 1919
- Stetz v. F. Mayer Boot & Shoe Co.Wisconsin Supreme Court · 1916
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