Stokes v. Morris & Co.

Citations

• 107 Kan. 232
• 191 P. 264
• 1920 Kan. LEXIS 51

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Workmen’s Compensation Act — Death of Workman — Unlawful Wife Not Entitled to Compensation — Judgment—New Trial. A woman who claimed to be the wife and sole dependent of a deceased workman recovered judgment for his death against his employer under the workmen’s compensation act. The woman died, and after her death the judgment was revived in the name of her administrator and that of the deceased workman, and the administrator and guardian of a minor child of the deceased was substituted for the plaintiff. On a motion for a new trial, it was shown that the plaintiff was not the wife of the deceased workman, that another woman then living was his wife, and that the plaintiff had knowledge of that fact. Held, that the judgment should have been set aside, and that a new trial should have been granted.</p>