Consolidated Underwriters v. Kelly
Texas Commission of Appeals
15 S.W.2d 229 (1929)
- Written by Whitney Kamerzel , JD
Facts
Louisa Kelly (plaintiff) and Joe Kelly were an unmarried couple. Joe abandoned Louisa. Because Louisa believed Joe was dead, she married George Brown through a ceremonial marriage. When Louisa found out that Joe was still alive, she left Brown and reunited with Joe. Very soon after Louisa and Joe reunited, Brown died. Louisa lived with Joe continuously until Joe’s death, which occurred during the course of his employment. Before Joe’s death, Louisa and Joe held each other out as husband and wife. After Joe’s death, Louisa sued Joe’s employer and the insurance company of Joe’s employer (defendants), seeking compensation for Joe’s death under Texas’s workers’ compensation laws. Although the Industrial Accident Board awarded Louisa compensation, a trial court set aside this award on the basis that Louisa was not Joe’s common-law wife at the time of Joe’s death due to Louisa’s previous marriage to Brown. The Texas Court of Civil Appeals first reversed and entered judgment in favor of Louisa but, on a rehearing, ordered a remand of the case to the trial court. Louisa appealed.
Rule of Law
Issue
Holding and Reasoning (Speer, J.)
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