Superior Coal Co. v. Indus. Comm'n, No. 14694.

CourtIllinois Supreme Court
Writing for the CourtCARTWRIGHT
Citation304 Ill. 320,136 N.E. 762
PartiesSUPERIOR COAL CO. v. INDUSTRIAL COMMISSION et al.
Docket NumberNo. 14694.
Decision Date21 October 1922

304 Ill. 320
136 N.E. 762

SUPERIOR COAL CO.
v.
INDUSTRIAL COMMISSION et al.

No. 14694.

Supreme Court of Illinois.

Oct. 21, 1922.


Error to Circuit Court, Macoupin County; Frank W. Burton, Judge.

Proceeding by John Beese, administrator of the estate of James E. Beese, before the Industrial Commission, for compensation to be paid to deceased's granddaughter, opposed by the Superior Coal Company, employer. An award of an arbitrator was affirmed by the Commission, and on certiorari from the circuit court a finding and order were made setting aside the award and substituting another, and the administrator brings error.

Reversed and remanded, with directions.

Thompson, C. J., dissenting.


[304 Ill. 320]Kerr, MacDonald & Murphy, of Chicago, for plaintiff in error.

Vaughn & Nevins, of Carlenville, for defendant in error.


CARTWRIGHT, J.

James E. Beese was killed on March 2, 1920, by an accident arising out of and in the course of his employment in the mine of the Superior Coal Company. John Beese, administrator of his estate, applied to the Industrial Commission for compensation, on account of his death, to his granddaughter, Dorothy Thompson, who, it was alleged, was entirely dependent upon him for support. On a hearing[304 Ill. 321]before an arbitrator it was stipulated that there was no question in dispute except the one of dependency, and upon evidence tending to prove that the grandchild was entirely dependent upon the deceased for her support the arbitrator awarded to her $3,500, payable in weekly installments of $10.42. On a review by the Industrial Commission evidence of contributions made by the father of the child for her support was introduced by the coal company, and was not controverted. The Commission affirmed the award of the arbitrator, and on a writ of certiorari from the circuit court of Macoupin county the court made a finding that the evidence did not show that the grandchild was totally dependent on the deceased for support. Based on this finding there was an order setting aside the award, and substituting one that the coal company should pay $150 for burial expenses. This court awarded a writ of error to review the decision of the circuit court.

James E. Beese had a daughter, Emma, who was the wife of one Thompson. The daughter died in 1912, leaving her child, Dorothy Thompson, then three years old. The grandfather took the child home as a member of the family, consisting of himself and his wife. The father, who was a miner, went to the...

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12 practice notes
  • Mid-American Lines, Inc. v. Industrial Commission, MID-AMERICAN
    • United States
    • Supreme Court of Illinois
    • September 29, 1980
    ...Here, no similar indications of in loco parentis were in evidence at the original hearing. In Superior Coal Co. v. Industrial Com. (1922), 304 Ill. 320, 136 N.E. 762, also cited by the widow, this court upheld a minimum award based upon a child's grandfather's moral obligation to support he......
  • Superior Coal Co. v. Dep't of Finance, No. 26166.
    • United States
    • Supreme Court of Illinois
    • September 15, 1941
    ...coal company, and not against the railway company. Superior Coal Co. v. Industrial Comm., 326 Ill. 584, 158 N.E. 209, 54 A.L.R. 634;Id., 304 Ill. 320, 136 N.E. 762. There are other instances in which the two companies are intimately affiliated but which need not be narrated. In general, the......
  • Weil-Kalter Mfg. Co. v. Indus. Comm'n, No. 25667.
    • United States
    • Illinois Supreme Court
    • April 2, 1941
    ...v. Industrial Comm., 329 Ill. 48, 160 N.E. 218,Pope v. Industrial Comm., 305 Ill. 562, 137 N.E. 417,Superior Coal Co. v. Industrial Comm., 304 Ill. 320, 136 N.E. 762, and Keller v. Industrial Comm., 291 Ill. 314, 126 N.E. 162, to sustain [32 N.E.2d 894]its contention that the defendant in e......
  • Dunnavant v. Newman Tire Co., Inc., Record No. 0969-07-2.
    • United States
    • Virginia Court of Appeals of Virginia
    • February 12, 2008
    ...typically requires "either a legal or moral obligation to support the dependent"); Superior Coal Co. v. Indus. Comm'n, 304 Ill. 320, 136 N.E. 762 (1922) (noting that dependence relies "upon either a moral or legal duty"); Woodmen of World Life Ins. Soc'y v. Irick, 58 F.S......
  • Request a trial to view additional results
12 cases
  • Mid-American Lines, Inc. v. Industrial Commission, MID-AMERICAN
    • United States
    • Supreme Court of Illinois
    • September 29, 1980
    ...Here, no similar indications of in loco parentis were in evidence at the original hearing. In Superior Coal Co. v. Industrial Com. (1922), 304 Ill. 320, 136 N.E. 762, also cited by the widow, this court upheld a minimum award based upon a child's grandfather's moral obligation to support he......
  • Superior Coal Co. v. Dep't of Finance, No. 26166.
    • United States
    • Supreme Court of Illinois
    • September 15, 1941
    ...coal company, and not against the railway company. Superior Coal Co. v. Industrial Comm., 326 Ill. 584, 158 N.E. 209, 54 A.L.R. 634;Id., 304 Ill. 320, 136 N.E. 762. There are other instances in which the two companies are intimately affiliated but which need not be narrated. In general, the......
  • Weil-Kalter Mfg. Co. v. Indus. Comm'n, No. 25667.
    • United States
    • Illinois Supreme Court
    • April 2, 1941
    ...v. Industrial Comm., 329 Ill. 48, 160 N.E. 218,Pope v. Industrial Comm., 305 Ill. 562, 137 N.E. 417,Superior Coal Co. v. Industrial Comm., 304 Ill. 320, 136 N.E. 762, and Keller v. Industrial Comm., 291 Ill. 314, 126 N.E. 162, to sustain [32 N.E.2d 894]its contention that the defendant in e......
  • Dunnavant v. Newman Tire Co., Inc., Record No. 0969-07-2.
    • United States
    • Virginia Court of Appeals of Virginia
    • February 12, 2008
    ...typically requires "either a legal or moral obligation to support the dependent"); Superior Coal Co. v. Indus. Comm'n, 304 Ill. 320, 136 N.E. 762 (1922) (noting that dependence relies "upon either a moral or legal duty"); Woodmen of World Life Ins. Soc'y v. Irick, 58 F.S......
  • Request a trial to view additional results

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