152 A. 144 | Conn. | 1930
The deceased entered the employment of the respondent-employer on July 24th, 1928, and two days later was killed while being transported from his place of employment to his home in a truck furnished by his employer. It is not contended that the injury did not arise in the course of and out of his employment. His mother is the claimant and the commissioner found that she was a partial dependent *234 and made an award in her favor. The sole issue is as to the correctness of that conclusion.
The deceased was twelve years old. His father was dead and he resided with his mother, who had remarried. He attended school when it was in session, but when not in school he took care of the younger children in the family, so that his mother could at times work and so add to the income of the family. Due to the short period of his employment before his death he had received no wages. His mother knew he was going to work on the employer's farm and expected him to turn over his earnings to her, and that they would continue thus to be turned over to her until he returned to school the following September. She expected to use them for her support and relied upon them for her means of livelihood.
The contention of the respondent is that, as in fact the deceased had paid nothing to his mother before his death, she could not in law be a dependent. There is language in our opinion in Driscoll v. Jewell BeltingCo.,
As we have repeatedly pointed out, the question of dependency is one of fact. That a deceased had not *236 made contributions to the claimant before his death would be a relevant fact upon that issue, and no doubt often one of compelling force. But we cannot say that the commissioner in the instant case was in error in finding dependency despite the fact that the deceased had not made any contributions from his earnings to his mother before his death.
There is no error.
In this opinion the other judges concurred.