Coakley v. Tidewater Const. Corp.

• Decision Date: 25 June 1940
• Docket Number: 15111.
• Citation: 9 S.E.2d 724,194 S.C. 284
• Parties: COAKLEY v. TIDEWATER CONST. CORPORATION et al.
• Court: South Carolina Supreme Court

9 S.E.2d 724

194 S.C. 284

COAKLEY v. TIDEWATER CONST. CORPORATION et al.

No. 15111.

Supreme Court of South Carolina

June 25, 1940

S S. Seideman and H. L. Erckmann, both of Charleston, for appellant.

Barnwell & Whaley, of Charleston, for respondent.

FISHBURNE Justice.

Alfred Johnson was an employee of Tidewater Construction Corporation, and met his death by accident arising out of and in the course of his employment. He was a negro about 18 years of age, and left no dependents under the terms of the Workmen's Compensation Act. In a proceeding under that act, in which compensation was demanded on account of his death, the South Carolina Industrial Commission awarded one-half of the compensation to the respondent Beatrice Gadsden Coakley, an illegitimate half-sister; and one-half to the appellant, Primus Johnson, the putative father of the deceased.

Upon exceptions being taken to the Circuit Court from this award by the respondent, the findings and conclusions of the Commission were reversed. That court issued its decree holding that Primus Johnson was not legally entitled to any part of the award, and that Beatrice Gadsden Coakley should receive the entire amount. The Tidewater Construction Corporation and American Mutual Liability Insurance Company the surety, have not appealed from this judgment. The record shows that they are merely stakeholders, prepared to pay the compensation to whoever the court awards it. Primus Johnson has appealed, and the sole question before the court is to determine who is entitled to receive the compensation under the act. The respondent contends that she is the sole beneficiary of the fund. The appellant claims that he should be awarded one-half thereof.

The deceased, Alfred Johnson, was the bastard son of Primus Johnson and Toodie Polite, both negroes, so that Primus Johnson claims as the father of his illegitimate child. Beatrice Gadsden Coakley, aged about 16 years, is the illegitimate daughter of Toodie Polite by a man other than Primus Johnson, so that she claims as the illegitimate half-sister of the deceased. Toodie Polite died sometime in the year 1925.

Appellant bases his claim under Section 7035-40 of the Workmen's Compensation Act (Code Supp.1936), which reads as follows: "If a deceased employee leaves no dependents, the employers shall pay to the next of kin as herein defined the commuted amount provided for in § 7035-38 of this article for whole dependents, less burial expenses which shall be deducted therefrom but if the deceased left no next of kin as herein defined, then one-half of said commuted amount shall be paid to the industrial commission to be held and disbursed by it in the manner hereinafter provided. One-half of said amount shall be retained by the industrial commission and the other one-half paid to the personal representative of the deceased to be by him distributed to the next of kin as defined in the statutes of distribution, but if there be no next of kin as defined in the statutes of distribution, then the personal representative shall pay the same to the industrial commission after payment of costs of administration. For the purpose of this section the term 'next of kin' shall include only the father, mother, widow, child, brother or sister of the deceased. ***" (Italics added.)

It is an admitted fact that Primus Johnson was the actual father of the deceased, who, as stated, left no dependents. The act provides that if the deceased employee leaves no dependents, the employer shall pay to the next of kin as herein defined. By the last sentence of the act quoted above, it is provided: "For the purpose of this section the term 'next of kin' shall include only the father, mother, widow, child, brother or sister of the deceased." It is argued by appellant, therefore, that the Commission was correct in awarding one-half of the compensation to Primus Johnson, the admitted father of the deceased, although he was not the legitimate father.

Despite the contrary view presented by the appellant, we agree with the Circuit Court that the right to receive compensation established under Section 7035-40 must be interpreted in the light of common law rules insofar as they apply to the father's receiving compensation on account of the death of his bastard child. For it is to be presumed that no change in the common law was intended by any statute unless the language employed clearly indicates such intention. The rules of the common law are not to be changed by doubtful implication, or overturned except by clear and unambiguous language. Nuckolls v. Great Atlantic & Pacific Tea Company, 192 S.C. 156, 5 S.E.2d 862.

Under the harsh philosophy of the common law, an illegitimate child is not the kindred of any person, and can acquire and transmit no rights of inheritance except such as may result from its own marriage. Appellant, however, contends that common-law rules have no application here; that the act in qeustion should be construed to mean that the word "father"...