Birmingham Slag Co. v. Johnson

• Decision Date: 14 January 1926
• Docket Number: 6 Div. 538
• Citation: 106 So. 806,214 Ala. 131
• Parties: BIRMINGHAM SLAG CO. v. JOHNSON.
• Court: Alabama Supreme Court

106 So. 806

214 Ala. 131

BIRMINGHAM SLAG CO. v. JOHNSON.

6 Div. 538

Supreme Court of Alabama

January 14, 1926

Certiorari to Circuit Court, Jefferson County; John Densen, Judge.

Petition of the Birmingham Slag Company for certiorari to the Jefferson circuit court to review and revise a judgment and finding of that court for claimant in a proceeding under the Workmen's Compensation Act, brought by Mrs. M.J. Johnson for the death of William M. Johnson, her son, opposed by petitioner. Corrected and affirmed.

Bradley Baldwin, All & White and John L. Bromberg, all of Birmingham for appellant.

Goodwyn & Ross, of Bessemer, and Crampton Harris and W.C. Woodall both of Birmingham, for appellee.

BOULDIN J.

This is a compensation case. The claim is prosecuted by Mrs. M.J. Johnson as the dependent mother of William M. Johnson, the deceased employee. The point of controversy is the amount of compensation allowed.

The trial court found the average weekly earnings of deceased to be $28.55; that the average contribution to his mother's support for some years prior to his death was $7 per week.

Touching actual dependency the court said:

"The court further finds from the evidence that Mrs. M.J. Johnson is a widow woman, and had no means of support other than what she earned from short period transient boarders, which was not enough to support her; that Mrs. M.J. Johnson was partially dependent upon her son for support."

The judgment awarded the mother $7 per week for 300 weeks.

"*** Partial dependents shall be entitled to receive only that proportion of the benefits provided for actual dependents which the average amount of the earnings regularly contributed by the deceased to such partial dependent, at and for a reasonable time immediately prior to the injury bore to the total income of the dependent during the same time." Code, § 7556.

The finding of facts is omissive in its failure to find the total income of the dependent. In such case we look to the bill of exceptions. Ex parte Paramount Coal Co. (Ala.Sup.) 104 So. 753; Ex parte American Mine Owners Mutual, 20 Ala.App. 647, 104 So. 912.

It reasonably appears from the evidence of plaintiff, shown by bill of exceptions, that her income from the boarding house business during the year preceding decedent's death consumed in providing herself food, shelter and clothing, was $6 per week. This income, it appears, accrued by the aid of another son,...