197 So. 17 | Ala. | 1940
Lead Opinion
The workman, Mose Briggs, an employee of the defendant, on the 16th day of October, *45 1939, was fatally injured in an accident arising out of and in the course of his employment. Both parties were at the time subject to and operating under the Workmen's Compensation Act. Code, 1923, §§ 7543-7552.
Eva Briggs, the wife of said workman, at the time of said injury was confined in the Bryce Insane Hospital as an indigent patient, and the circuit court finds as a fact that the workman "had not contributed in any way to the support or maintenance of Eva Briggs since her admission in the Searcy Hospital, the Insane Hospital of the State of Alabama * * * to-wit, April 21, 1937."
The circuit court's conclusion of law, "That Eva Briggs was not a dependent of Mose Briggs entitled to compensation within the meaning of the Workmen's Compensation Act of Alabama," is supported by the statute, Code 1923, § 7552, as last amended, defining total dependency of wife as follows: "(a) Wife, unless it be shown that she was voluntarily living apart from her husband at the time of his injury or death, or unless it beshown that the husband was not in any way contributing to hersupport and had not in any way contributed to her support formore than twelve months next preceding the occurrence of theinjury causing his death." [Italics supplied.] Gen.Acts 1936, Extra Session, p. 15, § 3.
The case is prosecuted by the next friend of the wife, who isnon compos mentis, and the substance of the argument is that the statute should be liberally interpreted, resolving doubts in favor of liability to pay compensation, inasmuch as the clear purpose of the law is to shift to modern industry the burdens of such economic waste or loss caused to the workman and his dependents, as arise out of and in the course of the workman's employment, and when so construed the statute does not contemplate or intend to relieve the husband of his common law duty and moral obligation to support the wife in her afflictions, simply because she is an object of charity and is being supported at public expense.
This is an argument that should be addressed to the law making body of the State — the Legislature. Workmen's compensation laws are an innovation, are of statutory origin and, in many respects, are inconsistent with the common law. It was within legislative competence to define dependents and fix the liability of the employer in respect thereto. Chapman v. Railway Fuel Co.,
Under the terms of the statute which fixes the liability contribution to the support of the alleged dependent, in some way, during the twelve months next preceding "the occurrence of the injury" was essential to such dependency. Act No. 29, Extra Session 1939, pp. 9, 15; Ex Parte Gude Co. (Maddox v. Gude
Co.),
In Harrison v. Cargill Commission Company,
Affirmed.
GARDNER, C. J., and THOMAS and KNIGHT, JJ., concur.
Addendum
Application for rehearing overruled.
GARDNER, C. J., and THOMAS, BOULDIN, FOSTER, and KNIGHT, JJ., concur.