Longfellow v. City of Seattle

Citations

• 76 Wash. 509
• 136 P. 855
• 1913 Wash. LEXIS 1849

Syllabus

<p>Death — Wrongful Death — Actions—Implied Repeal. The general statutes giving a right of action for wrongful death are not superseded or impliedly repealed, by the fireman’s pension act, Rem. & Bal. Code, § 8068, providing a pension for certain dependents, equal to one-half of the salary of a fireman killed while in the service of the city.</p> <p>Election of Remedies — Rights of Action — Wrongful Death — Acceptance of Pension. While the fireman’s pension act, Rem. & Bal. Code, § 8068, providing a pension for certain dependents, equal to one-half of the salary of a fireman killed while in service of the city, is not coextensive with the general statutes giving rights of action for wrongful death, yet in so far as they coincide, the two acts authorize separate and coexistent, but not cumulative recoveries, since it is not the policy of the law to allow two recoveries for one wrong; hence acceptance of a pension, precludes any recovery under the general statutes for wrongful death.</p> <p>Municipal Corporations — City Officers — Fireman’s Pensions for Death — Limit. In authorizing a city to provide for a pension to the dependents of a fireman killed while in the service of the city, the legislature may limit the amount to any sum it sees fit.</p> <p>Same — Pensions for Death — Adequacy of Compensation. A pension, upon the death of a city fireman, given to the widow during widowhood by Rem. & Bal. Code, § 8068, equal to one-half of his salary, is not inadequate compensation where the monthly payments equal interest at the statutory rate upon a sum practically three times the sum laid as damages in her complaint for wrongful death, and twice the sum she would recover if she lives out her life expectancy and complies with the terms of the act.</p> <p>Death — Wrongful Death — Actions — Parties Entitled — Defenses — Pensions fob Death of Fireman. Rem. & Bal. Code, § 8068, limiting pensions to dependents of a city fireman killed while in the service of the city to the wid