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eBook details

• Title: Betor v. National Biscuit Co.
• Author : Supreme Court of Montana
• Release Date : January 16, 1929
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Workmens Compensation ? Husband and Wife ? Dependency of Wife upon Earnings of Son ? Evidence ? Insufficiency ? Actual Dependency Essential. Workmens Compensation Act ? Is the Occupation of Traveling Salesman a Hazardous One? 1. Quaere: Is the occupation of traveling salesman a hazardous one within the contemplation of the Workmens Compensation Act? Same ? Where Father and Mother Living, Does Either Alone Constitute "Major Dependent" Within Contemplation of Act? 2. Quaere: Does the provision of section 2866, Revised Codes of 1921, as amended by Chapter 121, Laws of 1925, defining "major dependent" as "the father and mother, or the survivor of them, if actually dependent upon the deceased" etc., contemplate that both, and not one only, shall constitute the "major dependent," or may the wife, the husband being still living, claim as such dependent? Same ? Actual Dependency of Claimant on Earnings of Deceased Essential to Entitle One to Benefits of Act. 3. To avail ones self of the benefit of the Workmens Compensation Act, actual dependency of the claimant upon the decedent is an indispensable requisite; the dependency which must exist does not include the maintenance of others whom the dependent is under no legal obligation to maintain or contributions which merely enable the donee to accumulate money; and one may not be said to be a dependent who has sufficient means at hand for supplying present necessities, judging these according to the class and position in life of the alleged dependent. Same ? Design of Act. 4. The Workmens Compensation Act contemplates that the burden of caring for dependents whose dependency was caused by an industrial accident shall not fall upon the public in general but upon the industry. Same ? Woman Living With and Supported by Husband not Dependent upon Earnings of Deceased Son. 5. A woman living with her husband who is amply able to support, and who does support, her according to her station in life, may not be said to have been dependent upon a son killed in an - Page 482 accident, who occasionally contributed sums of money for her use. Same ? Dependency ? Evidence ? Insufficiency. 6. Under the above rules, held that where the record on appeal from a judgment affirming the decision of the Industrial Accident Board awarding the mother of a decedent $9.23 per week for 400 weeks as a major dependent, disclosed inter alia that the father, who was the owner of considerable property unmortgaged, had a bank account to which the mother had access during the year in which the son was killed, showing deposits of $35,150.46, with checks cashed to the amount of $34,564.86 and bore the reputation of being a good provider for his family, and that the son had made two donations of $40 each to the mother a few months prior to his death which were used by her for general family expenses, the court erred in its decision. (ASSOCIATE JUSTICES FORD and ANGSTMAN dissenting.) Evidence ? Legal Value ? From What to be Determined. 7. The legal value of a body of evidence given by a witness is to be determined by its entire content and not by any single feature thereof, the effect of which may be destroyed by admissions or contradictions coming from the same source.

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