Evans v. Industrial Commission of Ohio

Ohio Supreme Court

Evans v. Industrial Commission of Ohio

166 Ohio St. (N.S.) 413

CourtOhio Supreme Court

DecidedJune 5, 1957

DocketNos. 34996 and 34997

StatusPublished

This text of 166 Ohio St. (N.S.) 413 (Evans v. Industrial Commission of Ohio) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Evans v. Industrial Commission of Ohio, 166 Ohio St. (N.S.) 413 (Ohio 1957).

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Opinion

Per Curiam.

The question presented is whether the plaintiff in each case is a “member of the family of the deceased” person she had married, within the meaning of that phrase as used in Section 4123.59, Revised Code.

There is no question in either case that plaintiff entered into a bigamous marriage with the now deceased employee, and there is no evidence of any consequence that a divorce was obtained either prior to or after the second marriage.

Where there is absence of proof that there has been a divorce of the parties to a marriage, there is a presumption that the marital status of the parties continues, and the burden is on such a party claiming the validity of a second marriage to overcome such presumption. Industrial Commission v. Dell, Exrx., 104 Ohio St., 389, 135 N. E., 669, 34 A. L. R., 422. See, also, Evans v. Reynolds, 32 Ohio St., 163. This presumption has not been overcome in either of the instant cases. The plaintiff in each of these cases not having been the lawful wife of the deceased workman (Industrial Commission v. Dell, supra), within the meaning of Section 4123.59, Revised Code, and, “dependency” under the Workmen’s Compensation Act not encompassing relationships not recognized by law (Staker, Gdn., v. Industrial Commission, 127 Ohio St., 13, 186 N. E., 616; Garner, Gdn., v. B. F. Goodrich Co., 136 Ohio St., 397, 26 N. E. [2d], 203; Welsh v. Industrial Commission, 136 Ohio St., 387, 26 N. E. [2d], 198; Miller, a Minor, v. Industrial Commission, 165 Ohio St., 584, 138 N. E. [2d], 672), plaintiff does not have the right to support and hence is not a “dependent” within the meaning of Section 4123.59, Revised Code.

In each case, the judgment of the Court of Appeals is reversed, and final judgment is rendered for appellant.

Judgments reversed.

WeygaNdt, C. J., ZimmekmaN, Stewart, Bell, Taft, Matthias and Herbert, JJ., concur.

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Per Curiam.

The question presented is whether the plaintiff in each case is a “member of the family of the deceased” person she had married, within the meaning of that phrase as used in Section 4123.59, Revised Code.

There is no question in either case that plaintiff entered into a bigamous marriage with the now deceased employee, and there is no evidence of any consequence that a divorce was obtained either prior to or after the second marriage.

Where there is absence of proof that there has been a divorce of the parties to a marriage, there is a presumption that the marital status of the parties continues, and the burden is on such a party claiming the validity of a second marriage to overcome such presumption. Industrial Commission v. Dell, Exrx., 104 Ohio St., 389, 135 N. E., 669, 34 A. L. R., 422. See, also, Evans v. Reynolds, 32 Ohio St., 163. This presumption has not been overcome in either of the instant cases. The plaintiff in each of these cases not having been the lawful wife of the deceased workman (Industrial Commission v. Dell, supra), within the meaning of Section 4123.59, Revised Code, and, “dependency” under the Workmen’s Compensation Act not encompassing relationships not recognized by law (Staker, Gdn., v. Industrial Commission, 127 Ohio St., 13, 186 N. E., 616; Garner, Gdn., v. B. F. Goodrich Co., 136 Ohio St., 397, 26 N. E. [2d], 203; Welsh v. Industrial Commission, 136 Ohio St., 387, 26 N. E. [2d], 198; Miller, a Minor, v. Industrial Commission, 165 Ohio St., 584, 138 N. E. [2d], 672), plaintiff does not have the right to support and hence is not a “dependent” within the meaning of Section 4123.59, Revised Code.

In each case, the judgment of the Court of Appeals is reversed, and final judgment is rendered for appellant.

Judgments reversed.

WeygaNdt, C. J., ZimmekmaN, Stewart, Bell, Taft, Matthias and Herbert, JJ., concur.

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166 Ohio St. (N.S.) 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-industrial-commission-of-ohio-ohio-1957.

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