Employer's Mut. Ins. Co. v. Morgulski

• Decision Date: 08 November 1920
• Docket Number: 9872.
• Parties: EMPLOYER'S MUT. INS. CO. et al. v. MORGULSKI et al.
• Court: Colorado Supreme Court

193 P. 725

69 Colo. 223

EMPLOYER'S MUT. INS. CO. et al. v. MORGULSKI et al.

No. 9872.

Supreme Court of Colorado

November 8, 1920

Department 2.

Error to District Court, City and County of Denver; Julian H Moore, Judge.

Proceedings under the Workmen's Compensation Act by Lillian A Morgulski, as widow of Joe Morgulski, employé, opposed by the Oakdale Coal Company, employer, and the Employer's Mutual Insurance Company and Lloyd's of London, insurance carriers. An award by the Industrial Commission was affirmed by the district court of the city and county of Denver, and the employer and insurance carriers bring error.

Affirmed.

Frank C. West, of Denver, for plaintiff in error Employer's Mut. Ins. co.

H. A Hicks, of Denver, for plaintiff in error Lloyd's of London.

C. M. McCutchen, of Denver, for defendant in error Morgulski.

Victor E. Keyes, Atty. Gen., and John S. Fine, Asst. Atty. Gen., for defendant in error Industrial Commission.

DENISON J.

There seem to be two questions which arise upon this record (1) Was Lillian A. Morgulski the wife of Joe Morgulski, whose death benefits she claims?

(2) If she was, was she dependent on him for support?

She testifies and it is undisputed that he desired to marry her and she him. She further testifies that her father objected, while her mother approved. They became engaged, and on July 4, 1918, they agreed that they would live together as man and wife and would marry by ceremony as soon as they could get the father's consent, which they hoped to obtain, since his only objection was her youth. Pursuant to this agreement they told her mother that they were married, and proceeded to have intercourse, occupying, at various times, the same room in the house of her father and mother, without the knowledge of the father, but with the knowledge of the mother, keeping their so-called marriage secret because of the father's objections.

It is impossible to determine from the testimony whether the deceased lived at the father's house or merely visited the claimant there at night. Her testimony and that of her mother is consistent with the claim that he merely visited her there, occupying the same room with her, but not taking his meals there, and not contributing to the support of the family, except a few dollars, which were by her given to her mother. It is also consistent (except, perhaps, for the alleged fact that their relations were secret from the father) with the theory that he remained there weeks and perhaps months at a time, practically as a member of the family.

Morgulski told one of his employers that he was married to the claimant. He also, when entering the employment of the Oakdale Company, August 12, 1918, signed an application which stated that he was married, and that his wife's name was Lillian Morgulski, and gave her name at the address of her mother as the person to whom information should...