Vito Marino, an Infant, by Rocco Martorana, His Guardian Ad Litem, Respondent v. Louis A. Lehmaier, Appellant

Summary

The Court affirmed the Appellate Division, holding that a violation of the Labor Law’s child‑employment prohibition is not per se negligence but merely evidence for a jury, and that a child under fourteen is presumed incapable of contributory negligence and does not assume the risks of employment. Two dissenting opinions reject the majority’s view that the statutory breach can support liability, while a concurrence agrees and stresses the evidentiary role of the violation.