Santucci v. Frank

• Decision Date: 24 March 1947
• Docket Number: 3305
• Citation: 51 A.2d 696,356 Pa. 54
• Parties: Santucci et al., Appellants, v. Frank et al
• Court: Pennsylvania Supreme Court

51 A.2d 696

356 Pa. 54

Santucci et al., Appellants, v. Frank et al

No. 3305

Supreme Court of Pennsylvania

March 24, 1947

Argued November 29, 1946

Appeal, No. 225, Jan. T., 1946, from judgment of C.P. No. 2 Phila. Co., March T., 1945, No. 1479, in case of Pasquale Santucci et al. v. Philip Frank et el., individually and trading as Hygrade Bakery Co. Judgment affirmed.

Trespass for personal injuries.

Judgment entered for defendant upon affidavit of defense raising questions of law, opinion by GORDON, P.J. Plaintiffs appealed.

The judgment is affirmed.

Horace N. Lombardi, with him Pershing N. Calabro, for appellants.

Henry Arronson , for appellees.

Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES JJ.

OPINION

MR JUSTICE ALLEN M. STEARNE

This is an appeal from a judgment for defendant, upon an affidavit of defense raising question of law. The question involved is whether an illegally employed minor and his parents may maintain and action in trespass for injury sustained by the minor in the course of his employment, where the minor entered into compensation agreements with the employer, with the consent and approval of the minor's parents and their counsel, and of the Workmen's Compensation Board, and where all monies have been paid pursuant to the terms of the agreements?

The minor, sixteen years old, was illegally employed by defendant in its bakery. On or about April 28, 1944, while feeding dough into a pretzel machine, his left hand became caught in the mechanism, causing the loss of his left index finger. On November 23, 1944, the minor and his employer, the defendant, entered into a written compensation agreement (later amended), approved by the minor's parents and their counsel and by the Workmen's Compensation Board. All payments have been made as provided for by the agreements. On March 28, 1945, the present action in trespass was instituted by the guardian of the minor, and the parents, to recover damages for the same injuries for which the minor has already received compensation. Judgment was entered for the defendant upon an affidavit of defense raising question of law, from which this appeal was taken.

We decided in Fritsch v. Pennsylvania Golf Club , 355 Pa. 384, that the Legislature by section 320(a) of the Workmen's Compensation Act of 1915, P.L. 736, as amended by the Act of 1939, P.L. 520, 77 PS 672, provided for compensation to minors, both legally and illegally employed . As the minor had the same...