Smith v. Marion Fruit Jar

The opinion of the court was delivered by

MASON, J.:

In 1904 Stinson Smith, thirteen years of age, was employed in the factory of the Marion Fruit Jar and Bottle Company. His hand was lacerated by a power fan, and his death resulted. His father recovered a judgment against the company, from which it appeals.

The child labor statute (Laws 1905, ch. 278; amended by Laws 1909, ch. 65, Gen. Stat. 1909, §§ 5094-5098) is not involved, as it was not enacted until 1905. The factory act (Laws 1903, ch. 356, Gen. Stat. 1909, §§ 4676-4683) does not apply, because the deceased was not injured while engaged…