Burney v. Children's Hospital
Massachusetts Supreme Judicial Court
Tort, against a hospital for causing an autopsy to be made upon the dead body of the plaintiff’s child without the plaintiff’s consent. The defendant demurred to the declaration, assigning as ground therefor that the matters contained therein “ are not sufficient in law for the plaintiff to have his action against this defendant.” The Superior Court sustained the demurrer; and the plaintiff appealed.
1Opinion of the CourtLathrop, J.
The demurrer in this case is a general one, and the question presented is whether the father of a child, who is its natural guardian, and who has intrusted the child to a hospital for treatment, may maintain an action against the hospital for an autopsy performed on the dead body of his child without his consent.
The sole contention of the learned counsel for the defendant in support of the demurrer is, that the action cannot be main*58tained, because there is no right of property in a dead body. 2 Bl. Com. 429. 3 Inst. 202.
Even in England, before a dead body is buried, while there is no right of…
2Cases cited5 opinions
- Larson v. ChaseSupreme Court of Minnesota · 1891
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
- Renihan v. WrightIndiana Supreme Court · 1890
- Weld v. WalkerMassachusetts Supreme Judicial Court · 1881
- Young v. College of Physicians & SurgeonsCourt of Appeals of Maryland · 1895
3Cited by45 opinions
- Darcy v. . Presbyterian HospitalNew York Court of Appeals · 1911
- Finley v. . Atlantic Transport Co.New York Court of Appeals · 1917
- Koerber v. PatekWisconsin Supreme Court · 1904
- Sheehan v. Commercial Travelers Mutual Accident Ass'n of AmericaMassachusetts Supreme Judicial Court · 1933
- Kelley v. Post Publishing Co.Massachusetts Supreme Judicial Court · 1951
40 more not listed; retrieve them via the Exa API.