Craddock Furniture Corp. v. Nation, 17233.

• Decision Date: 25 May 1944
• Docket Number: No. 17233.,17233.
• Citation: 115 Ind.App. 62,54 N.E.2d 295
• Parties: CRADDOCK FURNITURE CORPORATION v. NATION.
• Court: Indiana Appellate Court

115 Ind.App. 62

54 N.E.2d 295

CRADDOCK FURNITURE CORPORATION

v.NATION.

No. 17233.

Appellate Court of Indiana, in Banc.

April 28, 1944.

Rehearing Denied May 25, 1944.

Appeal from Industrial Board.

Proceeding under Workmen's Compensation Act by Liddie L. Nation for the death of her unemancipated minor son while in the employ of the Craddock Furniture Corporation. From an award by the full Industrial Board to claimant as a partial dependent of $12.10 per week for a period of 300 weeks, the Craddock Furniture Corporation appeals.

Award affirmed with the statutory penalty.

See 55 N.E.2d 121.

James L. Murray, of Indianapolis, for appellant.

John H. Jennings and Edward E. Hardin, both of Evansville, for appellee.

ROYSE, Presiding Judge.

This is an appeal from an award of the Full Industrial Board of Indiana in favor of the appellee for the death of her unemancipated minor son, which death resulted from an accident arising out of and in the course of his employment by appellant.

The pertinent portions of the finding and award of the Full Board are as follows:

‘After reviewing all of the evidence in the case, the Full Industrial Board of Indiana now finds that the deceased Samuel Oscar Barfield, was in the employ of the defendant on the 16th day of February, 1943, at an average weekly wage of Twenty-two ($22.00) Dollars per week, and that he was seventeen years of age and not employed to operate an elevator; that on the said date the deceased received an accidental injury in the course of his employment that resulted in his death.

‘The Full Industrial Board further finds that the plaintiff, Liddie L. Nation, was the mother of the deceased, and that his mother had never emancipated him, and that all of his earnings for which he received pay were given to his mother, placed in a common fund and used for buying groceries and keeping the family; that the deceased worked for his mother and step-father on a rented farm and contributed all of his labor to the common fund and support of the family as well as himself; that the plaintiff's mother gave the deceased some spending money from time to time; that the plaintiff is a partial dependent of the deceased.

‘Award

‘It is therefore considered, ordered and adjudged by the Full Industrial Board of the State of Indiana that the plaintiff, Liddie L. Nation, shall be paid compensation by the defendant, Craddock Furniture Corporation, at the rate of Twelve Dollars and Ten Cents ($12.10) per week for a period of three hundred (300) weeks as a partial dependent of the deceased, said payments to commence of February 16, 1943, and the defendant shall pay the regular statutory funeral expenses of $150.00 incurred by the plaintiff as a result of the death of the deceased’.

The assignment of error here is that the award of the Full Board is contrary to law.

Appellee contends no question is presented by this appeal because, it is asserted, appellant's brief does not conform to the rules of this court. Technically, there is some merit to appellee's contention. However, we are convinced appellant has made a good-faith effort to comply with the rules and we shall consider the appeal on its merits.

Appellant contends, first, appellee was not shown to be partially dependent upon her son at the time of his death, and, second, the award of the Full Board is based upon decedent's average weekly wage rather than his contribution. This involves a consideration of the evidence.

This court can only consider that evidence most favorable to the finding of the...