State ex rel. Splady v. District Court of Hennepin County
| Decision Date | 05 February 1915 |
| Docket Number | 18,991 - (220) |
| Citation | 151 N.W. 123,128 Minn. 338 |
| Parties | STATE ex rel. CHARLES T. SPLADY and Others v. DISTRICT COURT OF HENNEPIN COUNTY and Another |
| Court | Minnesota Supreme Court |
Upon the relation of Charles Splady, James Albee, Harvey B. Smith partners doing business under the name of Splady, Albee & Smith, and the Ocean Accident & Guarantee Corporation, Ltd. of London, England, this court issued its writ of certiorari directed to the district court for Hennepin county and the Honorable John H. Steele, one of the judges thereof, to review the proceedings of that court in an action against relators brought under the Workmen's Compensation Act. Affirmed.
Workmen's Compensation Act -- finding -- evidence.
A finding that plaintiffs, the parents of a deceased workman were "wholly dependent" upon him for support, within the meaning of the Workmen's Compensation Act (G.S. 1913, § 8208, subdivisions 1, 2 and 3), held sustained by the evidence.
John Junell, for relators.
A. R. Chesnut and E. T. Chesnut, for respondents.
Certiorari to review the decision of the district court in an action under the Workmen's Compensation Act.
Anton Berg died April 25, 1914, from injuries received shortly before while in the employ of relators Splady, Albee & Smith. He was an unmarried man and lived with his father and mother in their home in Minneapolis. At the time of his injury and for some time prior thereto he was receiving $24 per week as wages. From December 1, 1913, to April 16, 1914, the date of his injury, Anton contributed at least $50 per month to the support of his parents, the plaintiffs in this action. The trial court found as a fact that plaintiffs were on April 16, 1914, and had been for some months prior thereto, wholly dependent for support upon the deceased. Judgment was ordered in favor of plaintiffs and against the defendants (relators in this proceeding) for the sum of $8.40 per week for 300 weeks, in addition to $200 for medical, surgical and hospital care and treatment. Judgment was entered accordingly.
The contention of relators is that the finding of the trial court to the effect that plaintiffs were wholly dependent for support upon the deceased is not sustained by the evidence. If this claim is correct, if plaintiffs were only "partially dependent" upon the support of deceased, the amount of the weekly payments is clearly excessive; but if they were "wholly dependent" upon his support, the allowance was correct.
Section 8208, G.S. 1913, in subdivisions 1, 2 and 3, attempts to define those who shall be deemed "wholly dependent," "actual dependents," and "partial dependents." Subdivision 1 provides that the wife and minor children shall be presumed to be "wholly dependent." Subdivision 2 says that husband, mother, father, etc., who were "wholly supported" by the workman at the time of his death and for a reasonable period prior thereto, shall be considered his "actual dependents." Subdivision 3 provides that any dependents named in subdivision 2 who regularly derived "part of their support" from the wages of the deceased workman shall be considered his "partial dependents."
Subdivision 12 provides that if the deceased employee leave no widow children or husband, but does leave a parent or parents either or both of whom are wholly dependent on the deceased, there shall be paid, if one parent, 25 per cent of the monthly wages of deceased, if both parents, 35 per cent thereof. Subdivision 15 provides that "partial dependents shall be entitled to receive only that proportion of the benefits provided for actual dependents which...
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