Consolidated Underwriters v. Kelly

Louisa Kelly seeks to recover compensation under our Workmen’s Compem sation Law as the surviving wife of Joe Kelly, the employee, who died from an injury received in the course of his employment. The whole case turns upon the question of whether or not Louisa was the surviving wife of the deceased. Her claim was based upon an alleged common-law marriage to'Joe Kelly, and the -validity of the claim depends upon the effect of the existence of a prior marriage of Louisa as an impediment to the consummation of the asserted common-law marriage between her and Joe. The trial court instructed a…