Levy v. StateLevy v. State
This is an appeal from a judgment maintaining exceptions of no right or cause of action to a suit filed on behalf of minor children for the wrongful death of their mother.
The children are admittedly illegitimate and have never been legitimated.
Plaintiff-Appellant, on behalf of the children, contends that the denial of this right to illegitimate children solely because of their status is, as to them, a denial of due
The case of Reynolds v. Louisiana Board of Alcoholic Beverage Control, cited supra, was based on the fact that the statute bore no substantial relation to the general health, morals, or general welfare of the people. Denying illegitimate children the right to recover in such a case is actually based on morals and general welfare because it discourages bringing children into the world out of wedlock.
The action for wrongful death is purely statutory in Louisiana, being found in
Our jurisprudence is well established that “child” means legitimate child, and that recovery is denied both to illegitimate and putative children for the wrongful death of a parent. Board of Com‘rs v. City of New Orleans, 223 La. 199, 65 So.2d 313; Sesostris Youchican v. Texas & P. Ry. Co., 147 La. 1080, 86 So. 551; Jackson v. Lindlom, La.App., 84 So.2d 101; see also Chivers v. Couch Motor Lines, Inc., La.App., 159 So.2d 544; Scott v. La Fontaine, La.App., 148 So.2d 780; Buie v. Hester, La.App., 147 So.2d 733; 14 Tul.L. Rev. 613.
That an illegitimate child was dependent upon the deceased parent for support makes no difference. Board of Com‘rs v. City of New Orleans, supra.
Mere acknowledgment will not serve to cure a defect in legitimacy. Lynch v. Knoop, 118 La. 611, 43 So. 252, 8 L.R.A., N.S., 480; Scott v. La Fontaine, supra.
Since there is no discrimination in the denial of the right of illegitimate children to recover based on race, color, or creed, we can find no basis for the contention of unconstitutionality, and can find no jurisprudence of our courts to such effect. The judgment appealed from is affirmed; Appellant to pay all costs of this appeal.
Judgment affirmed.