Knibb v. Jackson

The employer and the insurer appeal from a judgment entered on a jury’s affirmance of the finding of the State Industrial Accident Commission that a minor brother was wholly dependent upon his deceased older brother. The appellants urge that the trial court erred in refusing their motion for an instruction, as a matter of law, that dependency was only partial and not total, and that the court’s charge is erroneous as given, and inadequate.

The testimony shows that Mrs. Emma Jackson and her sons, Joseph, thirteen, and James, seventeen and a half, at the time of James’ injury, lived together on…