Kelly v. Pendleton Construction Co.

Charles D. Kelly was fatally injured in an accident arising out of and in the course of his employment. Two women, Ruth Diver Kelly and Katherine Sawyer, each claiming to be the lawful wife of decedent, filed claims for compensation under the terms of the Workmen’s Compensation law. The Industrial Commission denied the claim of Ruth Diver Kelly on the ground that she had voluntarily deserted or abandoned her husband at the time of the accident, and denied the claim of Katherine Sawyer on the ground that her marriage to deceased on April 25, 1938, in Wise county, Virginia, was bigamous and…