213 P. 263 | Cal. Ct. App. | 1923
This is an action commenced by parents to recover damages for the death of their minor son. The young man was an employee of defendant, and at the time of the injury which caused his death was engaged in a work which both arose out of and in the course of his employment. The trial court sustained a general demurrer to the complaint, with leave to amend, and afterward, plaintiffs electing not to amend, rendered judgment for defendant. Plaintiffs *467 appeal from the judgment. The only question to be determined on the appeal, it will be observed, is whether the complaint states facts sufficient to constitute a cause of action.
[1] Appellants contend that the action is maintainable under the terms of section
Taking the entire ad damnum clause together it is apparent that the dependency of appellants upon the son appears upon the face of the complaint. It is provided by paragraph (b) of section 14 of the Compensation Act that "questions as to who constitute dependents . . . shall be determined in accordance with the fact, as the fact may be at the time of the injury of the employee." It appears plain to us, looking no further than this statute, that the fact is shown by the ad damnum clause, in its averment that the son was contributing ten dollars the week "to the support" of appellants, that they were dependent upon him. In a note to Temescal Rock Co. v. Industrial Acc.Com., 13 A. L. R. 686-692, there is set forth a long list of cases showing what proof is necessary to show dependency under compensation laws when the question of dependency is an issue. Here the question is one of pleading, and we have no doubt that the allegation of the ultimate fact that the deceased minor "was contributing the sum of ten ($10) dollars per week to the support of the plaintiffs" is sufficient to embrace all the probative facts necessary to show dependency. In other words, it can hardly be said that one person is not dependent upon another person when the latter contributes to the support of the former. When money is contributed, not lent nor advanced, to the support of another it is surely a factor in his support or maintenance. No more than that is necessary to prove dependency under the authorities collated in the note to which we have referred. We are satisfied that the provisions of the Compensation Act deprive appellants of all right of recovery *469
under the terms of section
Judgment affirmed.
Finlayson, P. J., and Craig, J., concurred.