Graham v. Larry Donohoe Logging

654 P.2d 1377, 103 Idaho 824, 1982 Ida. LEXIS 311
CourtIdaho Supreme Court
DecidedNovember 24, 1982
Docket13836
StatusPublished
Cited by29 cases

This text of 654 P.2d 1377 (Graham v. Larry Donohoe Logging) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Graham v. Larry Donohoe Logging, 654 P.2d 1377, 103 Idaho 824, 1982 Ida. LEXIS 311 (Idaho 1982).

Opinions

DONALDSON, Justice.

A hearing was held before a member of the Industrial Commission concerning claims arising out of the death of Carroll Graham which occurred during the course of his employment. Conflicting evidence was presented at the hearing concerning the existence or nonexistence of a common-law marriage between the decedent and Margaret A. Sanborn (Graham). In April 1978, before their divorces from others were final, the decedent and Margaret A. San-born (Graham) began living together. This arrangement continued, after their divorces became final, until decedent’s death on October 16, 1978. On February 13, 1980, the commissioner who conducted the hearing filed his memorandum decision in which he found that there existed a common-law marriage between the decedent and Margaret A. Sanborn (Graham). Later, however, the same commissioner after requesting and receiving from the parties proposed findings of fact, conclusions of law, and orders entered his findings of fact, conclusions of law and order in which he concluded that the evidence failed to establish a common-law marriage. The commissioner held that

“[t]he evidence in this matter is not sufficient to establish a mutual consent to establish a common-law marriage followed by a mutual assumption of marital rights, duties or obligations. The record only established consent and assumption of marital rights by Decedent; Claimant [Margaret A. Sanborn (Graham)] held herself out as a single person. Therefore, Claimant is not entitled to benefits under the Workmen’s Compensation Law as a widow of Decedent.”

The Industrial Commission reviewed the record and confirmed, approved and adopted the Findings of Fact, Conclusions of Law and Order of the commissioner as the Decision and Order of the Commission. Margaret A. Sanborn (Graham) and her two children were denied benefits. A motion for reconsideration or alternatively for rehearing was made before the Commission which was denied. Margaret A. Sanborn (Graham) on her own behalf and that of her two children appeals.

The principal issue on appeal is whether there exists substantial, competent evidence to support the finding by the Industrial Commission that there was no common-law marriage between the claimant Margaret A. Sanborn (Graham) and the decedent.

Appellate review of findings of fact made by the Industrial Commission is limited in scope. Idaho Const, art. 5, § 9; I.C. §§ 72-724, -732; Gordon v. West, 103 Idaho 100, 103, 645 P.2d 334, 337 (1982); Curtis v. Shoshone County Sheriff's Office, 102 Idaho 300, 303, 629 P.2d 696, 699 (1981); Sykes v. C.P. Clare & Co., 100 Idaho 761, 605 P.2d 939 (1980); Paulson v. Idaho Forest Industries, Inc., 99 Idaho 896, 591 P.2d 143 (1979). This review does not entail a de novo determination of fact. I.C. § 72-732. We are not concerned with whether this [826]*826Court would have reached the same conclusion, but rather, with whether the findings by the Commission are supported by substantial, competent evidence. Idaho Const, art. 5, § 9; I.C. § 72-732(1); Curtis v. Shoshone County Sheriff’s Office, supra, 102 Idaho at 303, 629 P.2d at 699; Hamby v. J.R. Simplot Co., 94 Idaho 794, 797, 498 P.2d 1267, 1270 (1972) (review of Industrial Accident Board finding of no common-law marriage). “This Court only has the authority to reverse a decision of the Commission when its decisions are unsupported by ‘any substantial competent evidence,’ I.C. § 72-732(1), or are not supportable as a matter of law, Idaho Constitution, Art. 5, § 9.” Curtis v. Shoshone County Sheriff’s Office, supra, at 303, 629 P.2d at 699.

This case presents conflicting evidence on the issue of the existence or nonexistence of a common-law marriage. We continue to recognize the Industrial Commission as the arbiter of conflicting evidence, Hamby v. J.R. Simplot Co., supra, and the weight to be accorded evidence is within their particular province, Murray v. Hecla Mining Co., 98 Idaho 688, 571 P.2d 334 (1977); Gradwohl v. J.R. Simplot Co., 96 Idaho 655, 534 P.2d 775 (1975).

The doctrine of common-law marriage has been considered by this Court on numerous occasions. E.g., Metropolitan Life Insurance Co. v. Johnson, 103 Idaho 122, 645 P.2d 356 (1982); Hamby v. J.R. Simplot Co., 94 Idaho 794, 498 P.2d 1267 (1972); In re Brock’s Estate, 94 Idaho 111, 482 P.2d 86 (1971); In re Gholson’s Estate, 83 Idaho 270, 361 P.2d 791 (1961); In re Duncan, 83 Idaho 254, 360 P.2d 987 (1961); Strand v. Despain, 79 Idaho 304, 316 P.2d 262 (1957); In re Koshman’s Estate, 77 Idaho 96, 288 P.2d 652 (1955); In re Foster, 77 Idaho 26, 287 P.2d 282 (1955); Thomey v. Thomey, 67 Idaho 393, 181 P.2d 777 (1947); Lea v. Galbraith, 64 Idaho 724, 137 P.2d 320 (1943); Morrison v. Sunshine Mining Co., 64 Idaho 6, 127 P.2d 766 (1942); Nicholas v. Idaho Power Co., 63 Idaho 675, 125 P.2d 321 (1942); Mauldin v. Sunshine Mining Co., 61 Idaho 9, 97 P.2d 608 (1939); Estate of Tormey, 44 Idaho 299, 256 P. 535 (1927); Smith v. Smith, 32 Idaho 478, 185 P. 67 (1919); Labonte v. Davidson, 31 Idaho 644, 175 P. 588 (1918); Huff v. Huff, 20 Idaho 450, 118 P. 1080 (1911). Most recently in Metropolitan Life Insurance Co. v. Johnson, supra, the Court reviewed the doctrine, the element of consent by the parties required for a common-law marriage, and the evidentiary showing necessary for a proponent to raise a presumption that a common-law marriage exists. We stated that “[t]he pri- or decisions of this Court make clear that when a couple cohabit, assume the rights, duties and responsibilities of marriage, and hold themselves out as being married, a presumption of marriage arises which, if disputed, must be overcome by clear and positive evidence.” Metropolitan Life Insurance Co. v. Johnson, supra, 103 Idaho at 127, 645 P.2d at 361 (emphasis added). While a common-law marriage may be proven by testimony of a party to that relationship, id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Monroe v. Chuck & Del's, Inc.
851 P.2d 341 (Idaho Supreme Court, 1993)
Levin v. Levin
836 P.2d 529 (Idaho Supreme Court, 1992)
Morgan v. Columbia Helicopters, Inc.
796 P.2d 1020 (Idaho Supreme Court, 1990)
Olvera v. Del's Auto Body
795 P.2d 862 (Idaho Supreme Court, 1990)
Brooks v. Standard Fire Insurance
793 P.2d 1238 (Idaho Supreme Court, 1990)
Frank v. Bunker Hill Co.
792 P.2d 815 (Idaho Supreme Court, 1990)
Parker v. Engle
771 P.2d 524 (Idaho Supreme Court, 1989)
Presnell v. Kelly
740 P.2d 43 (Idaho Supreme Court, 1987)
Farber v. Howell
721 P.2d 731 (Idaho Court of Appeals, 1986)
Barker v. Fischbach & Moore, Inc.
719 P.2d 1131 (Idaho Supreme Court, 1986)
Matter of Barker
719 P.2d 1131 (Idaho Supreme Court, 1986)
Seese v. Ideal of Idaho, Inc.
714 P.2d 1 (Idaho Supreme Court, 1985)
Cone v. Clearwater Valley Hospital
710 P.2d 565 (Idaho Supreme Court, 1985)
Goicoechea v. Blincoe's Magic Valley Packing Co.
700 P.2d 25 (Idaho Supreme Court, 1985)
Bint v. Creative Forest Products
697 P.2d 818 (Idaho Supreme Court, 1985)
Nelson v. Pumnea
675 P.2d 27 (Idaho Supreme Court, 1983)
Grant v. Brownfield's Orthopedic & Prosthetic Co.
671 P.2d 455 (Idaho Supreme Court, 1983)
Graham v. Larry Donohoe Logging
654 P.2d 1377 (Idaho Supreme Court, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
654 P.2d 1377, 103 Idaho 824, 1982 Ida. LEXIS 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-larry-donohoe-logging-idaho-1982.