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Fay v. John Waldron Corp.

Decided: September 29, 1936.

MARGARET POWER FAY, PROSECUTRIX,
v.
JOHN WALDRON CORPORATION, RESPONDENT



On certiorari.

For the prosecutrix, Edwin Joseph O'Brien.

For the respondent, Franklin Marryott.

Before Brogan, Chief Justice, and Justices Case and Perskie.

Brogan

BROGAN, CHIEF JUSTICE. This writ of certiorari brings up for review a judgment of the Union County Court of Common Pleas in a compensation case, reversing the findings of, and reducing the award made by, the deputy commissioner in the Compensation Court.

The only question in dispute is the amount that should be allowed to the dependent children of the decedent. The other elements necessary to make out a claim for compensation, namely, that the deceased was an employe of the defendant

and that he met his death in an accident arising out of and in the course of his employment are admitted.

The death of the employe occurred on March 31st, 1934. Two children under sixteen years of age survived him. His wife, mother of these children, had died some years before.

Only one witness, the aunt of these children with whom they lived, testified at the hearing in the compensation bureau. From her testimony, it appears that after the death of his wife the decedent took up his abode with this witness, his sister, at Bound Brook, New Jersey, where she maintained a home for him and the children. It appeared during this interval, while he had employment, he provided for the children and his sister by contributing $20 a week to their support. He then found himself out of employment and was unable to get steady work for approximately two years, when he found regular employment with the defendant at New Brunswick, New Jersey. Meanwhile the sister of decedent married and her husband and she moved to Dunellen, New Jersey. They took decedent's children with them. Apparently it was not convenient for decedent to commute between Dunellen and New Brunswick daily, so he lived in a small hotel at New Brunswick and came to his sister's house in Dunellen at the end of each week. Her testimony further showed that he kept his clothes and other personal effects in her home and that she laundered his clothes and mended them when necessary; that he purchased clothes and other necessities for the children, gave them their spending money amounting to about a dollar between them each week, and paid his sister $5 for their support.

At the time of his death the deceased was earning $28.80 per week.

The deputy commissioner in the bureau found as a fact that at the time of the accident and death the children were part of the decedent's household, were solely and totally dependent upon the decedent for support within the meaning of the statute and that "temporary, economic conditions causing temporary vicissitudes do not, under ...


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