MATTER OF PEART v. T. D. BROSS LINE CONSTR. CO.


45 A.D.2d 801 (1974)

In the Matter of Marie Peart, Appellant, v. T. D. Bross Line Construction Co. et al., Respondents. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 27, 1974


The death of appellant's husband resulted from an accident causally related to his employment. Benefits were denied solely on the ground she is not the widow of the deceased. Admittedly, there was never a ceremonial marriage between these parties. They had lived together continuously since 1951 in various places, and both were legally free to marry after May 9, 1956. Appellant's claim for widow's benefits is wholly dependent upon proof of a common-law marriage in Pennsylvania...

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