Luckenbach Gulf S. S. Co. v. Henderson

HOLMES, Circuit Judge.

This appeal is from a judgment sustaining an award of compensation to the surviving widow of a longshoreman under the Harbor Workers’ Compensation Act, 33 U.S.C.A. § 901 et seq. The judgment is challenged here only on the ground that the widow, who was not living with her husband at the time of his injury and death, was not shown to be living apart from him for justifiable cause or by reason of his desertion, such proof being essential to recovery under the Act.1

The record contains positive testimony that the claimant and the decedent were married in 1940 and lived…