Breed v. Atlanta, B. C. R. Co.

Reduced to its essence the inquiry is this:

Is a convict under sentence of imprisonment for life entitled to the protection of the Alabama Statute to prevent Homicide? Tit. 7, § 123, Code of 1940.

The action is punitive, to prevent the taking of human life by wrongful act; prevent it by a law warning the careless that he is subject to be mulcted by such sum in punishment of his wrong as the jury shall assess.

The award is in no sense compensatory, either for pecuniary loss or pain and suffering of the decedent, nor for loss suffered by his dependents or next of kin. Evidence of compensatory…