Legal Opinion

Davey v. Norwood-White Coal Co.

Supreme Court of Iowa

Decided March 13, 1923PublishedCited by 10 opinions

Appeal from Polk District Court. — Joseph E. Meyer, Judge. Proceeding under the Workmen’s Compensation Act. It was ordered therein by the industrial commissioner that the defendant continue to pay compensation to the plaintiff, as the surviving spouse of an injured workman, notwithstanding that she had remarried since the death of such workman, and was. no longer dependent for support upon the compensation originally awarded to her.

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Appeal from Polk District Court. — Joseph E. Meyer, Judge. Proceeding under the Workmen’s Compensation Act. It was ordered therein by the industrial commissioner that the defendant continue to pay compensation to the plaintiff, as the surviving spouse of an injured workman, notwithstanding that she had remarried since the death of such workman, and was. no longer dependent for support upon the compensation originally awarded to her. Upon appeal by the defendant to the district court, such order was affirmed there. From the judgment of the district court, the defendant has appealed to this…

1Opinion of the CourtEvans, J.

1.Masterandservant:Workmen'sCompensationAct:forfailureofcompensation. The plaintiff, Vearl Davey, was formerly Yearl Nesbitt, the surviving spouse of John Nesbitt, a former employee of the defendant’s, who, in the course of such employment, wns injured on March 23, 1920, and who died as a result of his injuries, on April 14th following. Said employee was survived also by his two children, aged seven years and two years, respectively. Following his death, weekly compensation was awarded for 300 weeks, as provided by statute, and the amount thereof was agreed upon as $15 per week. Such…

2Cases cited10 opinions

  1. Estate of Beckwith v. SpoonerMichigan Supreme Court · 1914
  2. Pedlow v. Swartz Electric Co.Indiana Court of Appeals · 1918
  3. Adlemen v. Ocean Accident & Guarantee Corp.Court of Appeals of Maryland · 1917
  4. Bott's CaseMassachusetts Supreme Judicial Court · 1918
  5. Hansen v. Brann & Stewart Co.Supreme Court of New Jersey · 1917

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3Cited by10 opinions

  1. Warner v. ZaiserSupreme Court of Minnesota · 1931
  2. Walker v. Speeder MacHinery Corp.Supreme Court of Iowa · 1932
  3. Comingore v. Shenandoah Artificial Ice, Power, Heat & Light Co.Supreme Court of Iowa · 1929
  4. Kramer v. Tone Bros.Supreme Court of Iowa · 1924
  5. Bever v. CollinsSupreme Court of Iowa · 1951

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