Weliska's Case

The net result of the record is, that the appeal from the decree denying compensation to the child of the fatally injured workman, on the ground of the lack of proof of dependency, must be dismissed.

The statute applicable appears to be ambiguous. After defining "dependents” as members of an employee’s family or next of kin, whom he was sustaining either wholly or partly by his earnings when he was injured, there is, relationally to the conclusive presuming of the total dependency of children, in the case of an employee deceased, the clause following:

"(c) A child or children, including adopted…