139 Minn. 409 | Minn. | 1918
Certiorari to review a judgment of the district court of Hennepin county awarding compensation under the Workmen's Compensation law to Lillian Rush for the death of her husband, John Rush.
The relator contends that the legislature cannot make the presumption of dependence conclusive, and claims that plaintiff was not in fact
This same provision was involved in State v. District Court of Ramsey County, 137 Minn. 283, 163 N. W. 509, but its validity was not challenged. Similar provisions are found in the statutes of several states and their validity seems not to have been questioned. Nelson’s Case, 217 Mass. 467, 105 N. E. 357; Finn v. Detroit, Mt. C. & M. C. Ry. Co. 190 Mich. 112, 155 N. W. 721, L. R. A. 1916C, 1142; Northwestern Iron
She had lived apart from her husband for about 12 years, but there is no finding that she did so voluntarily, and the evidence does not require such a finding. According to her testimony, which is the only evidence upon the question, he not only threatened her life, but ordered her to leave and drove her away with a gun, and she left and lived apart from him solely because she was in fear of personal violence. This fails to show that she was voluntarily living apart from him within the meaning of the statute. State v. District Court of Ramsey County, 137 Minn. 283, 163 N. W. 509.
Judgment affirmed.