172 N.E. 46 | Ill. | 1930
This cause is here on writ of error granted to review the judgment of the circuit court of Adams county confirming an award of the Industrial Commission granting to defendant in error compensation for the death of her son, Raymond Benner, who was killed in an accident in the course of and arising out of his employment. The arbitrator and commission awarded the sum of $1875 for one-half total dependency of defendant in error.
The deceased at the time of the accident resulting in his death was employed by plaintiff in error in Quincy, Illinois. Defendant in error had formerly lived in Quincy but in 1921 moved to Belleville, Illinois. Deceased and his sister, Mildred, lived with defendant in error there and contributed to her support. In 1922 defendant in error married a man by the name of Bagley. Thereafter the deceased and his sister, Mildred, returned to Quincy, where each sought employment. Subsequent to the marriage of defendant in error, and while deceased was living with her and Bagley, he contributed $10 a week to her. After his return to Quincy in July, 1923, the evidence shows that he once sent $10 to his mother. There is no evidence that from the time he left Belleville until his death, in September, 1923, he sent any further sum. Defendant in error testified that he was saving money for her, awaiting the time when she would live with him again.
Plaintiff in error argues that the evidence not only does not show dependency on the part of defendant in error but that it shows that she was not dependent and that deceased was not contributing to her in any substantial manner. The rule is that dependency must be based on evidence that the parent was dependent on the deceased for support at the time of the death of the deceased and that he had been contributing to her in a substantial manner. (Yellow Cab Co. *101
v. Industrial Com.
The judgment of the circuit court is reversed.
Judgment reversed. *102