Smith v. National Sash & Door Co.

The opinion of the court was delivered by

West, J.:

This case is before us on the motion of the plaintiff to dismiss the appeal because it involves no doubtful question of law. But one vital question is presented — that of dependency — and as the matter has been fully briefed and argued on the motion it amounts to a final submission of the case on *817the merits and will be so considered, as the parties have so treated it.

The plaintiff recovered as being partly dependent on her son, Arthur Lake, who was killed while working in the' defendant’s glass plant. He was eighteen years old, illegitimate,…