Kennedy v. ROSSI

Opinion by

Hirt, J.,

Ennis Kennedy was killed on September 30, 1953, as the result of an accident in the course of his employment with defendant. The referee made an award of compensation benefits in favor of the widow-claimant which both the board and the lower court affirmed. This claimant’s right to recover is dependent on the validity of a common law marriage entered into by her with the decedent in December 1948.

In 1937 the claimant had married one Henry Miller in the State of North Carolina. Two children were born of that marriage, one of them a son, George Washington Miller, who also was…