Superior Coal Co. v. Indus. Comm'n, 14694.

• Decision Date: 21 October 1922
• Docket Number: No. 14694.,14694.
• Citation: 304 Ill. 320,136 N.E. 762
• Parties: SUPERIOR COAL CO. v. INDUSTRIAL COMMISSION et al.
• Court: Illinois Supreme Court

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.

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 hearingbefore 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 state of Washington and lived there, but was at the home of Beese at one time on his way to Pittsburg as one of a first aid team for first aid training. The grandmother died, and Dorothy continued to live with her grandfather until his death, the period during which she was a member of his family being 8 years. During all that time he supported her, and supplied her with all necessaries consistent with his position in life. After the death of Beese, Thompson married a sister of Dorothy's mother, and she took Dorothy to Washington to her father.

It was proved, and not disputed, that Dorothy was a member of the family of James E. Beese, was supported by him, and relied upon him for such support and reasonable necessaries, and she was therefore within the provisions of the Workmen's Compensation Act. (Hurd's Rev. St. 1921, c. 48,...