Opinion
November 12, 1962.
December 12, 1962.
Husband and Wife — Marriage — Common law — Sufficiency of evidence — Relationship originally meretricious — Workmen's compensation.
In a workmen's compensation case, in which it appeared that the court below, holding that there was clear and convincing proof that claimant and decedent, who had originally lived together in a meretricious relationship, entered into a common law marriage after the removal of the obstacle to their marriage, sustained the findings and award of the board, it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WATKINS, MONTGOMERY, and FLOOD, JJ. (WOODSIDE, J., absent).
Appeal, No. 184, April T., 1962, from order of Court of Common Pleas of Butler County, Sept. T., 1958, No. 68, in case of Gladys E. Donaldson v. P.J. Oesterling Sons, Inc. et al. Order affirmed.
Same case in court below: 28 Pa. D. C. 2d 583.
Appeal by defendants from award by Workmen's Compensation Board.
Order entered affirming decision of Board and directing judgment for claimant, opinion by RODGERS, P.J., specially presiding. Defendants appealed.
Irwin M. Ringold, with him Alexander J. Jaffurs, for appellants.
Willis A. MacDonald, for appellee.
MONTGOMERY, J., filed a dissenting opinion, in which WRIGHT, J., joined.
Argued November 12, 1962.
The order of the Court of Common Pleas of Butler County is affirmed on the opinion of President Judge HERMAN M. RODGERS, for the court below, reported at 28 Pa. D. C. 2d 583.
The evidence in this case is not sufficient to sustain the finding that the presumption of the continuance of the meretricious relationship had been overcome.
Therefore, I respectfully dissent.
WRIGHT, J., joins in this dissent.