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JONES v. SERVICE ROOFING & SHEET METAL CO.

No. 8210IC930.

306 S.E.2d 460 (1983)

Elsie JONES, Mother, Morris Jones, Sr., Father, Shirley Jean Jones, Sister, Ruby Kathleen Jones, Widow, and Jenny Sutton Sanchez, Friend of Morris Jones, Jr., Deceased, Employee, Plaintiffs, v. SERVICE ROOFING & SHEET METAL COMPANY, Employer, U.S. Fidelity & Guaranty Company, Carrier, Defendants.

Court of Appeals of North Carolina.

September 6, 1983.

Attorney(s) appearing for the Case

Owens & Rouse by Robert D. Rouse, III, Greenville, for plaintiff-appellant Ruby K. Jones.

Taft, Taft & Haigler by Thomas F. Taft and Kenneth E. Haigler, Greenville, for plaintiffs-appellees Elsie Jones and Morris Jones, Sr.

PHILLIPS, Judge.

Why did Ruby K. Jones and her husband, Morris Jones, Jr., not live together during the several months immediately preceding his death? That is the question upon which the resolution of this appeal depends. If this proceeding was at common law, the question would not be material, since the evidence clearly establishes that they were still legally married at his death, and she is thus his widow. But the law of widows under the Workers' Compensation...

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