Rager v. Johnstown Traction Co.

Dissenting Opinion by

Hirt, J.:

The majority opinion in this case is disturbing.

Whether a marriage contract has been established is always a mixed question of law and of fact. And here, notwithstanding the findings of basic facts in favor of the claimant, we may not ignore our duty to scrutinize the evidence to determine whether the findings are supported by substantial evidence supplying all of the legal essentials of a valid common law marriage. Baker v. Mitchell et al., 148 Pa. Superior Ct. 50, 17 A. 2d 738. Even in workmen’s compensation cases there must be substantial credible testimony…