DONALDSON v. P.J. OESTERLING SONS

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.

MONTGOMERY, J., filed a dissenting opinion, in which WRIGHT, J., joined.

Argued November 12, 1962.

DISSENTING OPINION BY MONTGOMERY, J.:

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.