Llewelyn v. Industrial Commission

LATIMER, Justice.

I dissent.

As I interpret the majority opinion, it, in effect, announces the rule that when a husband and wife are not divorced but are living separate and apart dependency is determined by legal liability to support. Such a holding is contrary to the plain wording of our statute and overturns a principle that has been sustained by this court for many years. Even were I to consider that the previously decided cases should be overruled, to join with the prevailing members of this court, I would be required to ignore the statutory enactments.

Perhaps it might be helpful to set…