82 Miss. 703 | Miss. | 1903
delivered the opinion of the court.
Daniel Blanks was run over and killed by an engine of the Southern Railway Company while he was in the service of that company, and Margaret Blanks sued the company, claiming to be his widow. A separate action for damages was brought by his heirs. The company admitted liability, and the parties to both actions agreed that, if Margaret recovered in her action, the recovery should be $1,250. The cotot below peremptorily instructed the jury to find a verdict for defendant company, and the only question is whether she was the wife of the deceased, and this must be determined on her own testimony. Her only pretense of wifehood in her relations with Daniel is based on her claim that there was a valid common law marriage between them before the Code of 1892, requiring formal celebration, took effect. Her story is that she, at the time when she had never been married, though she was the mother of a bastard child, some twenty years ago, was married to a man who, inasmuch as he was not the father of the bastard, we may assume, on matrimonial concerns, was free from petty scruples. His name was Lawson Parker. As to this marriage We quote from plaintiff’s testimony as shown in the record: “Q. Were you ever married legally? A. I don’t know, sir. Q. Didn’t you say you were maried to Lawson Parker ? A. I had a man by that name. Q. Were you legally married to him? A. I don’t know. He and a preacher were there, by the name of Hamp
Affirmed.