Muncie Foundry & Mach. Co. v. Coffee

• Decision Date: 30 October 1917
• Docket Number: No. 9984.,9984.
• Citation: 117 N.E. 524,66 Ind.App. 405
• Court: Indiana Appellate Court
• Parties: MUNCIE FOUNDRY & MACHINE CO. v. COFFEE.

66 Ind.App. 405

117 N.E. 524

MUNCIE FOUNDRY & MACHINE CO.

v.COFFEE.

No. 9984.

Appellate Court of Indiana, Division No. 2.

Oct. 30, 1917.

Appeal from State Industrial Board.

Petition to the Industrial Board for compensation under the Workmen's Compensation Act by Virgie Coffee against the Muncie Foundry & Machine Company, employer. From an award of the Industrial Board, the employer appeals. Award affirmed.Taylor, Carter & Wright, of Indianapolis, for appellant. Chas. L. Rice and Fred Hood, both of Mound City, Ill., for appellee.

DAUSMAN, J.

In May, 1916, and for some time prior thereto, Wesley Coffee was a resident of Mound City, Ill. Unable to find employment in his home town he came to Muncie, Ind, in said month, and immediately commenced working for appellant. He continued to work in appellant's factory until the 4th day of December, 1916, when his clothing caught in the gear wheels of the machine at which he was working, and his body was so crushed and mangled that his death resulted in about five hours. His wife, the appellee herein, petitioned the Industrial Board for an award. A hearing was held at the court-house at Muncie before Hon. Charles R. Hughes, a member of said board, who awarded her the sum of $6.60 per week for 300 weeks. Each party made due application for a rehearing by the full board. On review the full board found, among other things, “that the said Wesley Coffee left surviving him the plaintiff, his wife, as his sole and only dependent; that the plaintiff and said Wesley Coffee, at the time of his injury and death, were living together as husband and wife, and plaintiff was being supported by him and was wholly dependent upon him.” The award was increased by the full board from $6.60 to $8.25 per week, for the reason that decedent's average weekly wage was erroneously stated in the original finding. The error assigned is that the award made by the full board is contrary to law; and appellant's contention is that the evidence does not justify that portion of the finding above set out.

The testimony of nine witnesses was received. From all the evidence it appears that the following facts are not disputed: Appellee and the deceased were duly intermarried on the 16th day of June, 1914, and she was the lawful wife of the deceased at the time of his death. From the date of their marriage to the time he left Mound City he maintained a home there in which they lived as husband and wife. He left Mound City some time in May, 1916. When he left she accompanied him to the train and their parting on that occasion was decidedly affectionate. From Muncie he wrote her a letter each week. These letters express his affection for her and his solicitude for her welfare. He sent her money each alternate week, sometimes $5, sometimes $7, and...