delivered the opinion of the court.
Zurasky v. Handycap Co., 210 Ill. App. 254 (1918)
April 16, 1918
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Illinois Appellate Court
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Gen. No. 22,577
210 Ill. App. 254
Bessie Zurasky, by John Zurasky, Defendant in Error, v. Handycap Company, Plaintiff in Error.
Gen. No. 22,577.
(Not to he reported in full.)
Error to the Municipal Court of Chicago; the Hon. Joseph P. Raeeerty, Judge, presiding.
Heard in the Branch Appellate Court at the October term, 1916.
Affirmed.
Opinion filed April 16, 1918.
Statement of the Case.
Action by Bessie Zurasky, a minor, by John Zurasky, her father and next friend, plaintiff, against Handycap Company, a. corporation, defendant, to recover for personal injuries sustained by plaintiff, a minor over 14 and less than 16 years of age, while working in defendant’s factory. From a judgment . for plaintiff, defendant brings error.
Fyffe, Ryneb & Dale, for plaintiff in error.
*255Abstract of. the Decision.
l. Workmen’s Compensation Act, § 4 * —when minor may bring action at law. A minor between the age of 14 and 16 years who is injured while employed in a factory at work, prohibited by the Child Labor Act, sec. 11 (J. & A. IT 5317), may bring an action at law for the damages under the act, although the employer is operating under the Workmen’s Compensation Act, .she not being an employee legally permitted to work under section 5 of the latter Act [Callaghan’s 1916 St. Supp. j[ 5475(5)].
2. Courts, § 150*—necessity of following Supreme Court decisions. The"Appellate Court is bound by a prior decision of the Supreme Court on a question involved" in the case.
3. Damages, § 133*—when verdict for personal injuries not excessive. A verdict for $750 in favor of a minor between 14 and 16 years of age, held not excessive, where it appeared that the thumb of plaintiff’s right hand was crushed by reason of the accident and she lost approximately half of the first phalange of it; that she was under a physician’s care for 25 days; that her arm was swollen for about a month; that she did not work for 5 months, and that the pain was severe and continued until the time of trial.
David K. Tone, Frank A. Bockhold and Henry Pollenz, for defendant in error.