Legal Opinion · Dissent

Hartwell Handle Co. v. Jack

Mississippi Supreme Court

Decided February 13, 1928No. 26759Published

1DissentAnderson, J.

I go with the majority of the members of the court in holding that a violation by an employer of section 1 of the Child Labor Statute, constitutes negligence per se on the part of the employer, and where the child receives an injury while so employed, such negligence on the part of the employer is the proximate cause of the injury. But I cannot go with the majority opinion in holding further that the statute means that the child under fourteen years of age so employed is incapable of contributory negligence. In considering, this question it should be borne in mind that the statute does not…

2Cases cited11 opinions

  1. Potter v. Fidelity & Deposit Co.Mississippi Supreme Court · 1911
  2. Ascher v. Edward Moyse & Co.Mississippi Supreme Court · 1911
  3. City of Holly Springs v. Marshall CountyMississippi Supreme Court · 1913
  4. Edwards v. GauldingMississippi Supreme Court · 1859
  5. Hollman v. BennetMississippi Supreme Court · 1870

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