Larry v. Taylor

• Court: Alabama Supreme Court
• Writing for the Court: BOULDIN, Justice.
• Citation: Larry v. Taylor, 227 Ala. 90, 149 So. 104 (Ala. 1933)
• Decision Date: 15 June 1933
• Docket Number: 6 Div. 325.
• Parties: LARRY et al. v. TAYLOR et al.

149 So. 104

227 Ala. 90

LARRY et al. v. TAYLOR et al.

6 Div. 325.

Supreme Court of Alabama

June 15, 1933

Certiorari to Circuit Court, Jefferson County; J. Russell McElroy Judge.

Proceeding under Workmen's Compensation Act by Lou Ellen Larry and others against J. A. Taylor, doing business as the J. A Taylor Construction Company and the Hartford Accident &amp Indemnity Company. Judgment denying compensation, and petitioners bring certiorari.

Affirmed.

W Emmett Perry and Cæsar B. Powell, both of Birmingham, and James O. Tolbert, of Montgomery, for appellants.

Stokely, Scrivner, Dominick & Smith, of Birmingham, for appellees.

BOULDIN Justice.

The proceeding is under the Workmen's Compensation Law to recover the compensation due the dependent wife and minor children of the employee in case of death of the employee. All the conditions entitling plaintiffs to compensation were found in their favor by the trial court upon agreed facts for the purposes of that trial; but compensation denied upon plea of the statute of limitations of one year. Code, § 7570.

The death of the employee, Steiner Larry, occurred April 9, 1928. This action was begun under Code, § 7578, on October 12, 1932.

The chief contention here is that the statute of limitations of one year is not a bar to an action by dependent minor children of tender years, one ten, the other seven years of age at the time of their father's death. The provision of section 7570 in this regard reads: "In case of physical or mental incapacity, other than minority of the injured person or his dependents, to perform or cause to be performed any act required within the time in this section specified, the period of limitation in any such case shall be extended to become effective one year from the date when such incapacity ceases."

Admittedly minority is excluded from the exception therein declared.

This provision making the statute of one year applicable to such minors is challenged as arbitrary, discriminatory, and void because in contravention of the Fourteenth Amendment of the Federal Constitution and kindred sections of the Constitution of Alabama, such as sections 1, 6, and 22.

Suffice to say the entire scheme of the Workmen's Compensation Law awarding compensation to minor dependents is to furnish them present maintenance; is limited to those under eighteen years of age, except when physically or mentally incapacitated. Code, § 7552; Ex parte Cline, 213 Ala. 599, 105 So. 686. It is not contemplated that proceedings shall or may be delayed until the disability of minority has passed, and presumably the period of dependence.

In keeping with this policy, minor employees are, by our statute, made sui juris, or quasi sui juris, subject to the power of the court to safeguard their interests by guardianship (Code, § 7549), and to relieve from oppressive settlements generally (Code, § 7550).

The provision of the Workmen's Compensation Law is made to apply to minors employed in violation of child labor laws. Code, § 7539; Ivey v. Railway Fuel Co., 218 Ala. 407, 118 So. 583.

By amendment of the statute, double compensation is now awarded where the minor is employed in violation of law. General Laws 1931, p. 415.

Maybe in some cases the statute should make more direct provision for the protection of children of tender years in giving notice required by section 7568, and bringing suit under section 7570, but, with all the legal, industrial, and social agencies of our day, it is not to be presumed such dependent children will be friendless.

In this case there is a mother, authorized by law to receive compensation for them. She could have sued within one year, and not after four years. Code, § 7554; Ex parte Central Iron & Coal Co., 212 Ala. 367, 102 So. 797.

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