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SMITH v. SMITH

No. 42200.

237 S.W.2d 84 (1951)

SMITH v. SMITH et al.

Supreme Court of Missouri, Division No. 1.

March 12, 1951.

Attorney(s) appearing for the Case

George E. Messing, Thomas L. Sullivan, St. Louis, for appellant.

Irwin White and Courtney S. Goodman, all of St. Louis (White, White & White, St. Louis, of counsel), for respondent Millie Smith.

Luke, Cunliff & Wilson, St. Louis, for respondent Missouri Portland Cement Co.

VAN OSDOL, Commissioner.

This is a workmen's compensation case. The employer has conceded that Charles Smith, employee, sustained an accident arising out of and in the course of his employment, resulting in his death the same day, October 26, 1948, and that his dependent widow is entitled to death benefits, $8886, under the Workmen's Compensation Law, Chapter 287, R.S.1949, Sections 287.010 et seq. The sole controversy is—which of two claimants, respondent...

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