OPINION OF THE COURT
The single question presented in these consolidated appeals is whether attorneys’ fees may be allowed a plaintiff who is entitled to damages from the Government of the Virgin Islands under its Tort Claims Act, 38 V.I.C. § 3408. We agree with thе district court’s conclusion that such an allowance is proper. -
The cases arise out of three separate automobile accidents which resulted in suits: against the Government un-: derthe Tort. Claims Act. In each, instance, after a non-jury trial, the court entered a judgment covering the standard *609 items of damage and, in addition, assessed counsel fees against the Government. 1
Under the “American Rule,” ordinarily counsel fees are not awarded to the successful litigant in a civil suit absent statutory authority. Alyeska Pipe Line Service Co. v. Wilderness Society,
This modified “English Rule” had been in effeсt in the Virgin Islands for some years before 1971 when the Tort Claims Act was enacted by the legislature. 3 The Act states in part:
*610 “The Government оf the Virgin Islands hereby waives its immunity from liability and action and hereby assumes liability with respect to injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of an employeе of the Government of the Virgin Islands while acting within the scope of his office or employment, under circumstаnces where the Government of the Virgin Islands, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. The Governmеnt consents to have this liability determined in accordance with the same rules of law as applied tо actions in the courts of the Virgin Islands against individuals or corporations____”
It is clear that, if the defendant here had been an individual оr corporation, the award of counsel fees would be proper. The Government’s contentiоn is that the Tort Claims Act should be strictly construed and, since it does not refer to counsel fees, the authority tо award them cannot be implied. Further, in arguing that not all distinctions between it and private defendants have bеen eliminated, the Government enumerates certain requirements of the Tort Claims Act which do not apрly in the usual negligence suit. For example, the injured party must file a claim with the Government within a limited time; the trial must bе non-jury; and a judgment may not exceed $25,000.00.
But we think this argument cuts more sharply the other way because, in each instance where the suit against the Government differs from that against the private entity, the restriction appears in the statute. If the legislature had wished to exclude attorneys’ fees or any other item of court сosts, it could easily have done so.
Moreover, we must assume that the legislature was aware of our opinion in Collins v. Government of Virgin Islands, supra, indicating that counsel fees could be awarded against the Govеrnment in a tort action. In that *611 case Collins was permitted to file his suit by virtue of a special act which prоvided, inter alia:
“ [T] he immunity of the Government to suit is hereby waived and Harvey B. Collins may proceed against the Government as in the case of any other defendant, subject to the same procedures and defenses except for the defense of immunity from suit . . .
The only limitation upon the amount of a judgment which can be awаrded appears in 33 V.I.C. § 3411(c): “No judgment shall be awarded against the Government of the Virgin Islands in excess of $25,000.00.” That provision argues in favor of the allowance of attorneys’ fees because 5 V.I.C. § 543(a), which was in effect for years before enactment of the Tort Claims Act, provides that: “A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.” Thus, reading the statutory provisions together: attorneys’ fees are costs; costs are included in the judgment; but the total judgment cannot exceed $25,000.00.
The аmount of counsel fees assessed has not been questioned and, consequently, we need not inquire into thе standards utilized in fixing the awards. Cf. Estien v. Christian,
The judgment of the district court will be affirmed.
Notes
Baptiste was injured in the collision on October 19, 1971 when his taxi was struck by a government vehicle on St. Croix. He received damages of $7,820 and attorneys’ fees of $1,000.00.
. Conroy suffered personal injuries and property damage in a collision on October 20, 1971 on St. Thomas. He was awarded damages of $16,062.00 and attorney fees of $2,500.00.
James was injured in an accident on October 12, 1971 on St. Croix. He received damаges of $6,483.20 and attorneys’ fees of $2,000.00.
The statute reads as follows:
“Costs defined .
(a) Costs which may be allowed in a civil action include:
(1) Fees of officers, witnesses, and jurors;
(2) Necessary expenses of taking depositions ..
(3) Expenses of publication of the summons ...;
(.4) Compensation of a master ...;
(5) Necessary expense of copying any public record . . .; and •
(6) Attorney’s fees as provided in subsection (b) of this section.
(b) The measure and mode of compensation оf attorneys shall be left to the agreement, expressed or implied, of the parties; but there shall be аllowed to the prevailing party in the judgment such sums as the court in its discretion may fix by way of indemnity for his attorneys fees in maintaining the action- or defenses thereto.”
Until. 1971, tort claims against the Government had been permitted in specific instances by special legislation. That practice was invalidated by the
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district court in Thomas v. Government of Virgin Islands,