Morris v. Yough Coal & Supply Co.

Citations

• 266 Pa. 216
• 109 A. 914
• 1920 Pa. LEXIS 537

Syllabus

<p>Workmen’s compensation — Widow—Dependency—Family relation — Separation—Obligation to support — Repudiation—Acquiescence — Presumption—Accumulations by wife — Contributions by husband — Findings by referee and board — Appeal—Review—Certiorari — Act of June 2,1915, P. L. 788, sec. 807.</p> <p>1. Under the Workmen’s Compensation Act of June 2, 1915, P. L. 738, the Supreme Court, for the purpose of review, will examine the findings and reasons stated in the adjudication of the referee and the board, and also those on which the opinion of the common pleas is based, tbe appeal being in tbe nature of a certiorari.</p> <p>2. Tbe term dependency, in tbe statute, contemplates actual dependency, and must affirmatively appear in tbe record as a fact. No rigid rule can be laid down as to tbe amount or character of evidence necessary to show actual dependency; therefore, each case must be controlled by its own circumstances. But tbe term actual dependency does not mean sole and exclusive support.</p> <p>3. Dependency is not controlled wholly by the legal obligation springing from the marriage contract. This obligation, however, is one of the elements to be considered in determining the fact of dependency.</p> <p>4. Separation may amount to a repudiation of the husband’s legal obligation to support, acquiesced in by the wife.</p> <p>5. The receipt of money from the husband for the purpose of accumulating a saving will not be considered as contributions for support, but the mere fact that claimant had a small sum of money in bank does not raise á conclusive presumption that the money was contributed by the husband for the purpose of enabling her to accumulate such saving. It may be considered, with other evidence, on the question of dependency.</p> <p>6. Where a wife was living apart from her husband, with his consent, earning money through her own labor, which partly reduces her living expenses, and the husband during this period maintains the family relation, writing to his wi