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5. EMPLOYMENT OF MINOR-JUSTIFICATION-PROOF-FALSE STATEMENT OF MINOR.

A person who employs a minor in violation of the statute, when sued for damages for an injury to such minor, must justify the legality of the employment by proving the plaintiff within the permitted age and that he had complied with all the statutory requirements relating to the employment. If the statute contains no provision by which the employer may protect himself through certificates or other means, then he takes such minor in his service at his own risk, so far as the age is concerned, and a false statement by the minor himself in regard to his age will in no sense bar a recovery for a subsequent injury.

Krutlies v. Bull's Head Coal Co., 249 Pa. St. 162, p. 169.

The employment of a minor under the age of 16 in a coal breaker is made unlawful by the statute of Pennsylvania, unless the employer procures and keeps on file the certificate required by the act, and when an action for damages is brought grounded on such employment, a procurement of the certificate and a copy of the same on file as required by the act is a matter of justification or defense to be shown by the employer, and as a lack of compliance with the terms of the statute in this respect on the part of the defendant need not be shown by the injured minor, it is therefore not required to be averred in his statement of claim..

Krutlies v. Bull's Head Coal Co., 249 Pa. St. 162.

A mine operator employing a boy under 16 years of age to work in its coal breakers and who fails to procure the certificate and keep the same on file as required by the act, is liable in damages for an injury sustained, though the boy falsely represented his age at the time of the employment, as a false statement by the boy in regard to his age will in no sense bar a recovery for subsequent injuries.

Krutlies v. Bull's Head Coal Co., 249 Pa. St. 162, p. 170.

6. EMPLOYMENT OF MINOR-LIABILITY FOR INJURY-PROOF-DEFENSE, The employment of a minor under the age of 16 years in a coal breaker is unlawful unless the employer procures and keeps on file the certificate required by this act, and, when an action for damages is brought, grounded on such employment, a procurement of the certificate and the keeping of the same on file, as required by the act, is a matter of justification or defense to be shown. A lack of compliance with the terms of the statute in this respect need not be shown by an injured minor and is not required to be averred in his statement of claims. The charge depended upon is that a minor under the age of 16 was injured while engaged at work in a coal breaker. The defendant may show, among other defenses, that the employment was lawful because he had complied with the terms of the act as to obtaining and filing the required certificate. Krutlies v. Bull's Head Coal Co., 249 Pa. St. 162, p. 167.

In case of a violation of this statute and in an action by the minor for injuries the question is not whether the defendant exercised reasonable care in an effort to comply with the act, but where compliance is possible it is the only justification the law will accept.

Krutlies v. Bull's Head Coal Co., 249 Pa. St. 162, p. 171.

Under the Pennsylvania statute of May 1, 1909 (P. L. 375), a coal operator who employs in his coal breakers a minor under 16 years of age does so at his own risk, so far as the question of age may enter into a subsequent liability, unless

he shows compliance with the act and has obtained and kept on file a certificate as required by the act.

Krutlies v. Bull's Head Coal Co., 249 Pa. St. 162, p. 165.

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The term "colliery is more comprehensive than the term "mine," and the ordinary meaning of the word "colliery " includes as well the inside workings of a mine as the outside appurtenances to a mine.

Mining—Minors, In re, 37 Pa. County Ct. Rep. 265, p. 269 (Opinion of Attorney
General).

See Commonwealth v. Brookwood Coal Co., 25 Pa. County Ct. Rep. 55.
Cary v. Bright, 58 Pa. St. 85.

Springside Coal Min. Co. v. Grogan, 53 Ill. App. 60.

The words "anthracite colliery" as used in this act include both the inside workings and outside appurtenances of every anthracite coal mine.

Employment of Minors in Coal Mines, In re. (Opinion of Attorney General), 19 Pa. Dist. Rep. 846, p. 848.

8. NEGLIGENCE-EMPLOYMENT AS PROOF-PLEADING-PROXIMATE CAUSE.

When the employment of a minor is shown to be illegal because forbidden by this act that in itself is sufficient evidence of the defendant's negligence, and if the injury complained of occurred in the course of the plaintiff's service under such unlawful employment, it is sufficient to show a causal connection and the law will refer the injury to the original wrong as its proximate cause.

Krutlies v. Bull's Head Coal Co., 249 Pa. St. 162, p. 166.

In an action in trespass to recover damages for physical injuries to a boy employed in a coal operator's coal breaker where the petition averred that the injuries complained of resulted from the defendant's violation of duties and regulations prescribed by the laws of the Commonwealth for the safety of laborers and employees, and showing by averment the boy's age and that he was injured while in the service of the defendant company, is sufficient to show a liability and to sustain a recovery grounded on the employment of a minor under the age of 16 in violation of the act of May 1, 1909, though the better practice would be to aver the specific violation of the act.

Krutlies v. Bull's Head Coal Co., 249 Pa. St. 162, p. 166.

In an action by a trip driver, a boy about 17 years old, for damages for injuries in attempting to get on the front end of a car in a moving trip of cars, the complaint averred that he was exercising "due care.” There could be no recovery where there was no evidence indicating that his injuries were a result of lack of instructions by the mine operator and where the operator was not shown to have been negligent in any respect.

Walsky v. Frick Coke Co., 262 Pa. St. 4.

9. MINORS CAN NOT WAIVE STATUTE.

A boy under 15 years of age can not waive the prohibition of this statute, and the fact that he misrepresented his age does not render it nugatory and of itself relieve the employer from the consequence of putting him at the prohibited employment.

Krutlies v. Bull's Run Coal Co., 249 Pa. St. 162, p. 170.
See Brennan v. Kingston Coal Co., 237 Pa. St. 29.

10. CLAIM FOR DAMAGES-SUFFICIENCY.

A statement of a claim for damages for injuries to an employee within the prohibited age is sufficient where it informs the defendant that the plaintiff was injured in his service and that he was a minor under the age of 16 years when employed, as well as at the date of the injury. This averment gave the defendant notice that the plaintiff's case was governed by the statute in relation to the employment of a minor in coal breakers so that he might prepare to show a compliance with the laws with that regard.

Krutlies v. Bull's Head Coal Co., 249 Pa. St. 162, p. 167.

This act prohibits a minor under the age of 14 from being employed in or about coal mines or breakers, but boys between the ages of 14 and 16 years might be employed after the employer had procured a certificate.

Telinko v. Pittsburgh Coal Co., 68 Pa. Super. Ct. Rep. 143, p. 146...

HOURS OF LABOR-TIME FOR MIDDAY MEAL-FIRST AMENDMENT. LAWS 1911, P. 537.

JUNE 1, 1911.

AN ACT to amend section 2 of an act, entitled "An act, etc. (Same as in sec. 1), regulating the time allowed for the midday meal."

SEC. 1. Be it enacted, etc.:

That section 2 of an act, entitled "An act to provide for the health and safety of minors in bituminous coal mines and anthracite collieries or breakers, by regulating the ages at which said minors may be employed, their hours of employment, and to prescribe rules for the obtaining of employment certificates, and providing penalties for violation of the provisions thereof," approved May 1, 1909, which reads as follows: (here follows sec. 2 of the act of May 1, 1909, see preceding act), be and the same is hereby amended to read as follows:

SEC. 2. That no minor under the age of sixteen years shall be employed, per mitted, or suffered to work, in or about or for any establishment or industry named in section one of the act, for a longer period than ten hours in any one day, except when a different apportionment of the hours of labor is made for the sole purpose of making a shorter work day for one day in the week; nor shall a less period than thirty minutes be allowed for the midday meal; and in no case shall the hours of labor exceed fifty-eight in any one week. No minor under the age of sixteen years shall be employed or permitted to work between the hours of nine post meridian and six ante meridian.

ANNOTATIONS.

REPEALING EFFECT.

This act repeals in toto the act of May 2, 1905 (P. L. 344).

Mining-Minors, In re, 37 Pa. County Ct. Rep. 265, p. 269 (Opinion of Attorney

General).

AGES AND CERTIFICATES-SECOND AMENDMENT. LAWS 1911, P. 983.

JUNE 15, 1911.

AN ACT to amend sections 1, 3, and 5 of an act, entitled "An act, etc. (same as sec. 1), by further regulating the ages at which minors may be employed inside coal mines or in the outside workings thereof, or in coal breakers or washeries, and by providing for the filing of proof of age by the employers of minors apparently under sixteen years of age employed in such establishments.

SEC. 1. Be it enacted, etc.:

That section 1 of an act, entitled "An act to provide for the health and safety of minors in bituminous coal mines and anthracite collieries or breakers, by regulating the ages at which said minors may be employed, their hours of employment, and to prescribe rules for the obtaining of employment certificates, and providing penalties for violation of the provisions thereof," approved May 1, 1909, which reads as follows: (here follows sec. 1 of the act of 1909, see preceding act), shall be amended to read as follows:

SEC. 1. Be it enacted, etc.:

That from and after the passage of this act, no minor under the age of fourteen years shall be employed, permitted or suffered to work in, about, or for any coal breaker or washery, or in or about the outside workings of any coal mine. SEC. 2. That section 3 of said act, which reads as follows: (here follows sec. 3 of the act of 1909, see preceding act), shall be amended to read as follows:

SEC. 3. That no minor under the age of sixteen years shall be employed, permitted, or suffered to work, inside any coal mine, and no minor under the age of sixteen years shall be employed in or about or for any establishment or industry named in section one of this act, unless the employer of said minor procures and keeps on file, and accessible to the mine inspector, the employment certificate as hereinafter provided, issued to said minor, and keeps two complete lists of all minors under the age of sixteen years employed in or for his or her establishment; one of said lists to be kept on file in the office of the employer, and one to be conspicuously posted in each of the several departments in or for which minors are employed. Said employment certificate, when issued, shall be the property of the minor named therein, who shall be entitled to a surrender of said certificate to him or her by the employer whenever said minor shall leave the service of any employer holding said certificate. In case a minor, who is employed or permitted to work in or about or for any establishment or industry named in section one of this act as being sixteen years of age or over, appears to the Chief of the Department of Mines or any mine inspector to be under the age of sixteen years, said Chief of the Department of Mines ar mine inspector shall make written demand that the employer of said minor shall procure and keep on file in the office of such establishment, subject to inspection, the same evidence that said minor is in fact sixteen years of age or over as is required as evidence of age for the issuance of the employment certificates hereinafter provided for; and the employer furnishing such evidence shall not be required to furnish any further evidence of the age of said minor. In case the evidence of age, for which demand is so made, be not filed as hereinbefore required, within thirty days after said demand, the employer shall cease to employ the minor named in said demand or to permit said minor to work: Provided, however, That said employer, by thus ceasing to employ or permit said minor to work, shall not be relieved from any of the penalties provided in this act for the employment of a minor under the age of sixteen years without the filing for such minor of the employment certificate hereinbefore required.

SEC. 3. That section 5 of said act, which reads as follows: (here follows sec. 5 of the act of 1909, see preceding act), shall be amended to read as follows:

SEC. 5. The employment certificate provided by this act for the use of a minor between fourteen and sixteen years of age shall be in the following form:

This certifies that (name and residence of minor) is aged_‒‒‒‒‒ years_‒‒‒‒‒ months______days; whose complexion is------, hair is.. and eyes are

; is able to read and write the English language intelligently, and may

be employed at labor in any coal breaker, washery, or other outside workings of a coal mine.

This certificate is a legal warrant for the employment of the minor hereon, in any of the above-named establishments and industries, under the provisions of an act approved------, 1909, as amended by an act approved------, 1911.

(Signature of person who issued certificate, official title and official address.) (Signature of minor to whom issued.)

(Date.)

SEC. 4. That this act shall go into force and effect on the first day of September, 1911.

ANNOTATIONS.

EMPLOYMENT-LIABILITY.

1. EMPLOYMENT OF BOYS-AMENDATORY ACT-AGE LIMIT.
2. EMPLOYMENT OF MINOR-RISK OF EMPLOYER-LIABILITY.

3. ACTION FOR DAMAGES-STATUTE GOVERNING.

4. EMPLOYER FORBIDDEN TO EMPLOY BOYS-VIOLATION-LIABILITY,
5. PROTECTION OF CHILDREN-PROVISIONS NOT WAIVABLE,

1. EMPLOYMENT OF BOYS-AMENDATORY ACT-AGE LIMIT.

The act of June 15, 1911 (P. L. 983), amends section 3 of the act of May 1, 1909, with reference to the employment of a boy 16 years of age in coal breakers. Krutlies v. Bull's Head Coal Co., 249 Pa. St. 162, p. 168.

This act amended the act of May 1, 1909 (P. L. 375), and raised the age limit within which it was declared no minor could be employed in bituminous coal mines from 14 to 16 years. The prohibition in this act was without regard to the presence or absence of any certificate as to the age of the boy. The act does permit the employment, with a proper certificate, of a minor under 16 years of age in a coal breaker, washery, or other outside workings of a mine. Telinko v. Pittsburgh Coal Co., 68 Pa. Super. Ct. Rep. 143, p. 146.

The employment of a boy over 16 years of age about the outside workings of mines and in a coal breaker is not in violation of this amendatory act, and an employment certificate was not necessary to authorize his employment; and an action for the death of the boy so employed is unaided by the provisions of this act relating to the employment of minors.

Herich v. Vinton Colliery Co., 25 Pa. Dist. Rep. 355, p. 356.

2. EMPLOYMENT OF MINOR-RISK OF EMPLOYER--LIABILITY.

This act indicates the legislative construction of the act of May 1, 1909 (P. L. 875), to the effect that a person who had employed a minor under 16, unless he could show a compliance with the mandates of the act of 1909, did so at his own risk, so far as the question of age might enter into a subsequent liability.

Krutlies v. Bull's Head Coal Co., 249 Pa. St. 162, p. 168.

A coal-mine operator who employs or permits a boy under the age of 16 to work inside of a coal mine is liable in damages for the death of the boy, without regard to the question of negligence on the part of the operator. Proof of the employment of or the permitting a boy of such age to work inside a coal mine is sufficient to make a coal-mine operator liable for his death.

Telinko v. Pittsburgh Coal Co., 68 Pa. Super. Ct. Rep. 143, p. 149.

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