# Lostutter v. Brown Shoe Co.

> Appellate Court of Illinois · October 12, 1916 · 203 Ill. App. 517

URL: https://www.frixlaw.com/law-library/cases/8826857

## Case

- **Full name:** William Lostutter by Margaret Lostutter v. Brown Shoe Company
- **Court:** Appellate Court of Illinois
- **Decided:** October 12, 1916
- **Citations:** 203 Ill. App. 517; 1916 Ill. App. LEXIS 1084
- **Precedential status:** Published
- **Opinion:** Dissent by Carnes
- **Judges:** Carnes, Niehaus, Pbesiding
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8826857

## Opinion text

Mr. Justice Carnes dissenting. The only case directly in point that has come to my attention is Foth v. Macomber & Whyte Rope Co., 161 Wis. 549 . The conclusion of that court that their Workmen’s Compensation Act applied in a similar case under similar statutes is not based on the repeal of one of the statutes. I do not understand that a question of the repeal of our Child Labor Act is involved in this case. I am of the opinion that in the absence of other direct authority we should follow the reasoning of the Wisconsin case and affirm the judgment and permit the parties to obtain the decision of the 'Supreme Court on the controlling question, which is one of great general importance, without incurring the necessary expense and delay of a jury trial.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8826857. Public record. Not legal advice.