Pillsbury

This appeal is from a judgment in favor of appellees (Warren H. Pillsbury, Deputy Commissioner for the Thirteenth Compensation District, and Luella G. Campbell, hereafter called claimant) in injunction proceedings brought by appellants (Moore Dry Dock Company, hereafter called Moore and Fireman’s Fund Indemnity Company, hereafter called Indemnity) against appellees to set aside a compensation order whereby compensation, known as a death benefit for the death of William Angus Campbell, hereafter called decedent, was awarded to claimant under the Longshoremen’s and Harbor Workers’ Compensation Act, §§ 1-50, 33 U.S.C.A. §§ 901-950 .

Claimant and decedent were married in British Columbia on February 8, 1922. They were never divorced. Decedent deserted claimant on September. 4, 1923. At all times thereafter, claimant lived apart from decedent by reason of his desertion. Claimant never saw decedent after September 4, 1923. She never heard from him after February 4, 1924. She had no news of him nor any knowledge of his whereabouts from February 4, 1924, until after his death.

On May 14, 1938, in the mistaken belief that decedent was dead — a belief caused by decedent’s desertion —…