Turnbull

Kenneth R. Ross was employed in the year 1943 by J. Gordon Turnbull and Sverndrup and Parcel, contractors on the Canol Project, a. defense base project in Yukon Territory in Canada. Ross died on March 30, 1948, as a result of tuberculosis found to have been contracted while engaged in this work. Lois G. M. Ross, as widow and on behalf of John Gary Ross, a son born September 2, 1947, filed an application for death benefits under the Longshoremen’s and Harborworkers’ Compensation Act, as extended by Defense Bases Act. A hearing was had before Cyr, as Deputy Commissioner. On July 8, 1948, there was filed a compensation order awarding death benefits to Lois G. M. Ross and to John Gary Ross. A complaint for injunction against enforcement of the order was filed. The District Court filed an order dismissing the complaint, -and this appeal followed.

Three grounds of error are assigned. First, it is said the evidence is insufficient to support the finding that Lois G. M. Ross is the widow of the deceased employee. The evidence showed positively that she and deceased lived together as man and wife in Colorado, a state which recognizes -common law marriages, from June, 1947, until the death…