Koeppel v. E. I. duPont de Nemours & Co.

Rodney, J.,

delivering the opinion of the Court:

Perhaps the first question to be briefly considered is, Into what class falls the determination of the question of dependency? The great weight of authority is to the effect that dependency is a question of fact and not of law. An examination of many of the cases, however, discloses that this determination was arrived at by drawing a distinction between a presumptive dependency on the one hand and what we may call a “factual” dependency on the other. Of course, where neither the Statute nor the decisional law has established any presumptive…