Wilkinson v. Bethlehem Mines Corp.

Opinion by

Gunther, J.,

Appellant, Agnes Wilkinson, has filed a claim for workmen’s compensation. She is the widow of Ira Wilkinson who died as the result of an accident while employed by defendant, appellee. The referee refused to allow her compensation on the grounds that she was not the lawful wife of the decedent. The board and the lower court sustained the referee.

The testimony discloses that appellant was married to one William Gardner in 1905, had several children to him, lived as husband and wife for about six years and then separated. While Gardner was still living and before her…