Wallace v. American Mutual Liability Insurance Co.

(After stating the foregoing facts.) The plaintiff in error contends that a finding was demanded as a matter of law that he was partially dependent upon his father at the time of the latter’s death, and that the finding and award of the board are without evidence to support them. Except where the workmen’s compensation act specifically creates a presumption of dependency in favor of named classes, the question of dependency is one of fact rather than of law. In the present case, the claimant being more than 18' years of age, there was no original legal presumption of dependency. United States…