95 So. 354 | Ala. | 1923
The sole question involved in this appeal is whether or not an action under the homicide statute (section 2486 of the Code of 1907) can be maintained when the death was caused while the railroads were being operated by the government through the Director General, under the act of Congress known as the "Federal Control Act," approved March 21, 1918 (U.S. Comp. St. 1918, U.S. Comp. St. Ann. Supp. 1919, §§ 3115 3/4a-3115 3/4p), and the general orders of the Director General made pursuant thereto. Order No. 50, directing how suits may be brought for injuries arising from the operation of railroads while under government control, among other things provides:
"That this order shall not apply to actions, suits, or proceedings for the recovery of fines, penalties and forfeitures."
Our court has repeatedly held that the damages recoverable under the homicide statute are not compensatory, but purely punitive, and are intended as a punishment for the wrong, and the Supreme Court of the United States in the case of Mo. Pac. R. R. v. Ault,
"Wherever the law permitted compensatory damages they may be collected against the carrier while under federal control. Such damages may reasonably include interest and costs. See Hines v. Taylor,
Indeed, this question has been foreclosed against the appellant's contention in our recent case of Payne, Director General, v. Smitherman,
It is true that in the case of Sou. Ry. Co. v. Bush,
The judgment of the circuit court is affirmed.
Affirmed.
McCLELLAN, SOMERVILLE, THOMAS, and MILLER, JJ., concur.
SAYRE and GARDNER, JJ., dissent.