S. H. Torchia, Asst. Counsel, C. A. Whitehouse, Asst. Counsel, Ralph H. Behney, Counsel, Harrisburg, Charles J. Margiotti, Atty. Gen., for appellant.
Henry Houck, Pottsville, for appellee.
Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Arnold and Gunther, JJ.
[ 169 Pa. Super. Page 440]
In this workmen's compensation case the sole question involved is whether claimant was the common law wife of decedent, Andrew Ksionska, who died on April 15, 1947, from anthraco-silicosis. The compensation authorities
[ 169 Pa. Super. Page 441]
concluded that a valid common law marriage was proven and awarded compensation to the widow and a minor child of a former marriage who was dependent upon decedent for support. On appeal to the court below, the award of compensation was affirmed. The employer and the State Workmen's Insurance Fund have appealed.
Whether a valid common law marriage was established depends upon the following testimony of claimant:
'Q. After you obtained this marriage license, what did you and Andrew do? A. Lived together! That is all.
'Q. Before you lived together did you and he saw anything to each other? A. Nothing. Just he say like 'I am wife' and 'he husband.'
'Q. What did you say? A. 'I am wife' and 'he husband'.
'Q. He said 'you were his wife and he was your husband'? ...