Opinion
May 5, 1950.
Appeal from the Circuit Court, Dade County, Marshall C. Wiseheart, J.
Cushman, Woodard Gotthardt, Miami, for appellant.
Robineau, Budd, Levenson Van Devere, Miami, for appellees.
Appellant brought this action to recover damages for the wrongful death of her minor son, relying on Sections 768.10 and 768.11, Florida Statutes 1941, F.S.A. The point for determination is whether or not said statutes authorize recovery for the wrongful death of a minor child.
Appellant contends that these statutes should be read in pari materia with Sections 768.01, 768.02 and 768.03, Florida Statutes 1941, F.S.A. that they are all included under a single title relating to "torts" and that if so read and construed, recovery may be had for the wrongful death of a minor child.
We are of the view however, that the point raised was settled contrary to the contention of appellant in Dutton Phosphate Co. v. Priest, 67 Fla. 370, 65 So. 282, so the fact that all the relevant statutes were included under one title does not control the point raised in this case. Affirmed on authority of the last cited case.
Affirmed.
ADAMS, C.J., and THOMAS and ROBERTS, JJ., concur.