Merrill v. Penasco Lumber Co.

Citations

• 27 N.M. 632
• 204 P. 72

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>(1) Actual dependency within the meaning of the Workman’s Compensation Act is a question of fact, to be determined by the circumstances of each case. P. 633</p> <p>(2) Legal liability to support does not of itself prove dependency. P. 635</p> <p>(3) Failure of a husband to support his wife and children for a considerable time prior to the accident which caused his death does not of itself prove that they were not actual dependents. P. 635</p> <p>(4) An accident to a workman employed in a forest, caused by a falling tree, and resulting in his death, under the circumstances of this case, arose out of his employment within the meaning of the Workman’s Compensation Act. P. 636</p>