217 N.W. 679 | Minn. | 1928
The industrial commission found:
"That the said Walter Bengston, deceased employe, at the time of his death was a single man, and that the petitioner herein did not regularly derive his support, or any part thereof, from the wages of said deceased employe at the time of his death and for a reasonable time immediately prior thereto, and that said deceased employe did not regularly contribute any part of his wages for the support of petitioner at the time of his death or for a reasonable time prior thereto."
Young Bengston lived with his father at Cloquet from the time of his return from the war in 1919 until October or November, 1923, when he removed to St. Paul, working with the defendant construction company with which he had worked at Cloquet, and he continued with an interruption or two caused by accident until his *500 accidental death in the course of his employment on March 26, 1924. The father conducted a poolroom, billiard and soft drink business at Cloquet. The son worked about the place for his father and contributed from his wages to him, and we assume that the father was a partial dependent until the son was transferred to St. Paul. After moving to St. Paul he gave his father $50 on January 1, 1924, and $70 on March 1, 1924. These facts sustain the ultimate fact found by the commission that the father was not a partial dependent within its definition of the statute, and that is our guide.
The relator cites Pushor v. American Ry. Exp. Co.
The case before us is governed by Bartkey v. Sanitary Farm Dairies,
If the injury to this young man had not resulted in his death, he would have received compensation. But for the compensation act the father, the other necessary conditions existing, could recover under the death by wrongful act statute such pecuniary damages as he sustained. If our compensation statute were like that of some states we take it there might be compensation as indicated by the cases cited by the relator. Finney v. City of Croswell,
Under the restrictive definition of dependent by § 4275(4) there can be no compensation. The legislature chose to have it so. Whether it should be so was a matter of policy determined by the legislature after a consideration of the questions involved.
Relator is not helped by § 4275(19). This subdivision is operative only when there is a partial dependent; it does not help define one.
Order affirmed.