Peterson v. Indus. Comm'n

• Decision Date: 06 October 1928
• Docket Number: No. 18784.,18784.
• Citation: 162 N.E. 846,331 Ill. 254
• Parties: PETERSON v. INDUSTRIAL COMMISSION et al.
• Court: Illinois Supreme Court

331 Ill. 254

162 N.E. 846

PETERSON

v.INDUSTRIAL COMMISSION et al.

No. 18784.

Supreme Court of Illinois.

June 23, 1928.

Rehearing Denied Oct. 6, 1928.

Error to Circuit Court, Kankakee County; Arthur W. De Selm, Judge

Proceedings under the Workmen's Compensation Act after remand of case from the Supreme Court by Susie Bagby, claimant, for the death of her son, against O. T. Peterson, employer. The Industrial Commission granted the minimum award for dependency to claimant, and the award was confirmed by the circuit court, and the employer brings error.

Affirmed.Varnum A. Parish, of Momence, and Warren Fay Johnson, of Newton, for plaintiff in error.

Miller & Streeter, of Kankakee, for defendants in error.

HEARD, J.

This writ of error is prosecuted by leave of this court to review a judgment of the circuit court of Kankakee county confirming a minimum dependency award made against plaintiff in error, O. T. Peterson, and in favor of Susie Bagby as dependent mother of Willard N. Bagby, who on March 9, 1921, while in the employ of plaintiff in error, received injuries resulting in his death. An award was made by the Industrial Commission for partial dependency in favor of the father and mother of the deceased, which was later confirmed by the circuit court of Kankakee county. On writ of error this court reversed the judgment and remanded the cause to the Industrial Commission because there was not sufficient competent evidence in the record upon which to base a finding of partial dependency within the meaning of the act. Peterson v. Industrial Com., 315 Ill. 199, 146 N. E. 146. The cause thereafter came before the Industrial Commission for further proceedings on behalf of Susie Bagby, the mother of the deceased employee, the father having died during the pendency of the claim. Further evidence was introduced in support of the claim, and the Industrial Commission granted the minimum award for dependency to the claimant, and this award was confirmed by the circuit court of Kankakee county.

[1][2][3][4] At the time of the son's death he and his parents were living upon 152 acres of land near Momence belonging to the father, for which he had paid $14,500 and upon which there was a mortgage securing notes for the sum of $12,000, with interest at the rate of 6 per cent. The father also had rented 200 acres of land adjoining his farm. The evidence tends to show that a large portion of the farm was unproductive; that the employee had been working for plaintiff in error but a short time; that prior to that time he worked on the farm and did all work thereon except...