Partee v. Memphis Concrete Pipe Co.

The widow sued to recover under the Workmen’s Compensation Act. The Chancellor held that she was not a dependent because living apart from her husband. Chapter 12-3, Acts of 1919, Section 30' provides:

“That for the purposes of the Act the following described persons shall be conclusively presumed to be wholly dependent; (1) á wife, unless it be shown that she was.voluntarily living apart from her husband at the time of the injury, and . . . children under the age of sixteen years.”

To establish her claim the widow testified to the marriage with Arthur Partee, April 27, 1918, and the…